DWI - DRIVING WHILE INTOXICATED

russian speaking criminal defense attorney in New York

Intoxication

One way prosecutors prove driver intoxication is through scientific testing of the amount of alcohol in the body, usually by analyzing the breath or blood. These tests are usually administered by machines, such as the Breathalyzer. In every state, a person with a blood-alcohol concentration (BAC) over .08% is considered legally intoxicated.

Implied-consent laws create the legal presumption that if a person takes advantage of the privilege of driving, he or she automatically consents to state-administered chemical testing to determine his or her BAC. If a driver refuses to take a chemical-alcohol test, his or her drivers license may be revoked or suspended.

BAC test results over the legal limit are usually presumed to be proof of intoxication. However, defendants may challenge the conclusiveness of the results by showing irregularities in the test administration procedure or problems with the test equipment.

Other types of evidence used by prosecutors to show intoxication include drivers' statements, witness and police observations of behavior and driving patterns, and circumstantial evidence. Police also gather important evidence of intoxication by administering standard field sobriety tests (FSTs) at the scenes of traffic stops. Common field sobriety tests include:

• Finger-to-nose test
• Walk-and-turn test
• Horizontal-gaze-nystagmus test
• Counting backwards
• Reciting the alphabet
• Standing on one leg

What happens if a driver refuses to submit to a chemical test?

If motorist refuses to submit to a chemical test after being arrested, upon his arraignment, his license will be immediately suspended by the presiding judge. The license will remain suspended for 15 days or until the date of the DMV hearing, whichever comes first. Failure of the motorist to appear at the DMV hearing constitutes a waiver and will result in revocation. At the time of such DMV hearing an administrative judge will decide the following:

• Whether the arresting Police Officer had reasonable grounds to believe that the motorist was operating his vehicle in violation of any subdivision of Article 1192.
• Whether the arrest of the motorist was lawful
• Whether the motorist was given sufficient warning in clear and unequivocal language prior to his refusal to submit to the chemical test or any portion thereof would result in the immediate suspension or revocation of their license or privileges whether or not they were found guilty of the charge for which they were arrested.
• Whether the motorist refused to submit to the chemical test.

DMV Hearing is a very very important hearing.

NOT ONLY BECAUSE AN ADVERSE FINDING WILL HAVE A SEVERE CONSEQUENCE ON THE MOTORIST BUT ALSO FOR THE CRIMINAL CASE AGAINST THE MOTORIST.

THEREFORE, MOTORIST/DRIVER MUST RETAIN EXPERIENCED ATTORNEY TO REPRESENT HIM AT THIS HEARING

New York DWI Penalties.

Depending on the level and type of DWI offense (e.g., Aggravated DWI, DWI, DWAI, DWAI-Drugs, DWAI-A/D, etc.), how many prior convictions appear on your record, and even the particular county in which you were accused, plea offers and penalties can vary.

Below is a short, basic introduction to the penalties associated with a conviction for various DWI-related offenses. The list by no means lists all of the penalties and consequences associated with any DWI-related conviction. Only a DWI attorney can provide you with that level of knowledge and detail.

First offense DWAI:

• A fine of no less than $300 and no more than $500.
• Possible jail time of up to 15 days.
• Loss of license for 90 days.

First offense DWI or DWAI-Drugs

• A fine of no less than $500 and no more than $1,000.
• Possible jail time of up to 1 year.
• Possible probation of up to 3 years.
• Loss of license for at least 6 months.
• Ignition Interlock Device for at least 12 months

First Offense DWAI-A/D:

• A fine of no less than $500 and no more than $1,000.
• Possible jail time of up to 1 year.
• Possible probation of up to 3 years.
• Loss of license for at least 6 months.
• Ignition Interlock Device for at least 12 months

First Offense Aggravated DWI:

• A fine of no less than $1,000 and no more than $2,500.
• Possible jail time of up to 1 year.
• Loss of license for at least 1 year.
• Ignition Interlock Device for at least 12 months.

First Offense Aggravated DWI with a child 15 years of age or less as a passenger:

• Class E Felony criminal conviction (Leandra’s Law).
• Possible prison time of up to 4 years
• Possible probation of up to 5 years
• A fine of no less than $1,000 and no more than $5,000
• Ignition Interlock Device for at least 12 months and up to a period of probation
• Loss of license for at least 1 year

DWI is an incredibly technical field – in terms of the law, in terms of the fact pattern associated with each DWI case, in terms of the science involved, and in terms of how the DMV and criminal justice system treats it. Because of this, you need a lawyer who is current with ever-changing DWI laws, who is experienced in all Trial Courts of the State of New York, and who will fight to protect your rights and privileges. Contact the law firm of Sharifov & Associates, PLLC, if you or a loved one has been charged with a DWI or related offense.

CALL OUR LAWFIRM 1-888-LAW-2407 to set up a free consultation on all of your DWI questions, or email sharifovr@lawfirmsr.com

NYS department of motor vehicles point chart

If you receive 11 points or more in 18 months, the DMV suspends your driver license. You can request a DMV hearing only to show that a different person committed the violations. You cannot request a DMV hearing to prove that you were not guilty of the violations. You cannot request a DMV hearing to request a waiver of the suspension.

Driver responsibility assessment fee

You must pay the driver responsibility assessment if you receive six or more points on your NYS driver record during a period of 18 months and the violations occurred on or after November 18, 2004.

If you receive six points on your driver record during a period of 18 months, the annual assessment is $100. The minimum amount that you must pay each year is the annual assessment. The total assessment for the three years is $300.

If you receive more than six points on your driver record during a period of 18 months, the annual assessment is $25 for each point more than the original six points. The minimum amount that you must pay each year is the annual assessment. The total assessment for the three years is $75 for each point more than the original six points. If you are convicted of an alcohol or drugged driving-related offense or if you refuse to take a chemical test, the annual assessment is $250. The minimum amount that you must pay each year is the annual assessment. The total assessment for the three years is $750.

For further information, please contact our firm.