First, let’s start with the acronyms. “DWI” stands for Driving While Intoxicated, while “DWAI” stands for Driving While Ability Impaired. There are essential differences between these charges, which you should know and understand if you have been charged. Generally speaking, any impaired driving charge requires [...]

If charged with a second driving while intoxicated (DWI) offense within ten years of the first misdemeanor, the driver faces Class E felony penalties. The mandatory fine starts at $1,000 and can run up to $5,000. There is a minimum one-year license revocation, but an [...]

Pilots are expected to be aware of all the laws concerning flying under the influence and are subject to severe penalties for transgressions. In addition to state and federal laws concerning alcohol consumption and flying, pilots also have to follow Federal Aviation Regulations as determined [...]

Piloting an aircraft under the influence of drugs or alcohol is an illegal and very dangerous activity. Many of the laws that apply to driving under the influence also apply to flying under the influence (FUI). In addition to state and federal laws concerning alcohol [...]

Three or more alcohol-related convictions in New York State within ten years can result in permanent revocation of a driver's license. Although waiver requests are permitted after five months of revocation, the Department of Motor Vehicles will be the final determinant in when and whether [...]

Driving while intoxicated in New York State is no small infraction. If you are stopped by an officer who administers a field sobriety test, then follows up with a chemical test, and the driver is found to have a blood alcohol concentration of at least [...]

Amy Finch McCormick was charged in a fatal head-on collision last weekend on the connector of James Island. She also has a serious record of driving under the influence, according to authorities. Her out-of-state driver's license had been suspended for a time after a DUI [...]

Motorists who live in New York or other states that permit use of medical marijuana with a doctor’s prescription can still be charged with DWAI if the arresting officer, or in New York and other jurisdictions, a Drug Recognition Expert (DRE) has gathered enough evidence [...]

Two of the most popular items on Christmas lists across the U.S this year are one-wheel and two-wheel electric balance boards. These recreational skateboard-like products are manufactured by companies like One-Wheel, Hoverboard, iMoto, and even Lexus. Items like these have dominated online retailers, even reaching [...]

One of our Law Clerks, Brandon Hellwig, from our Syracuse office, looks into a some current Fourth Amendment cases heading up in the Supreme Court. This article is a follow up to the analysis of the current Fourth Amendment cases: Bernard v. Minnesota, Birchfield v. North [...]

One of the most commonly misunderstood consequences of having contact with the criminal justice system is the legal records that are created as a result. These records, often referred to as criminal records or “rap sheets”, can follow a person for the rest of their [...]

We understand that there are many individuals in New York who are holders of a Commercial Driver’s License (“CDL”), and that those individuals ability to earn a living depends on their having a valid CDL. Many attorneys do not properly advise their clients on the [...]

After being arrested and charged with a DWI, the accused is often released and issued an appearance tickets with a date to appear in court. For many, especially those arrested for the first time, this leads to a number of questions. One of the key [...]

There is currently a great deal of scientific technology for use in DUI (Driving Under the Influence) cases. The offense is known as DWI, or driving while intoxicated, in New York and some other states. However, in the 1930’s and 1940’s, there were no strict [...]

Plea bargaining is a well-established part of many DWI cases in New York. Whenever a driver is arrested for and charged with driving while intoxicated, it is common for prosecutors and the defendant’s lawyer to negotiate a plea deal. These plea deals usually require the driver [...]

Scoring points is great when playing basketball or a video game. Receiving points on a driving record is another story. The New York State Department of Motor Vehicles (DMV) assigns points to different traffic violations. If a motorist is found guilty of one of these [...]

The electronic monitoring of criminal offenders by putting them under house arrest has gained increasing attention as a possible way to reduce jail overcrowding while lowering costs. Electronic monitoring and house arrest are spreading rapidly in the United States. Currently, thousands of people are subject [...]

Receiving a DWI is one of the most common, expensive, and frustrating experiences a person can have with the criminal justice system. This experience becomes more complicated and severe if you have a job in education. If you receive a DWI and work in a [...]

Traditionally, law enforcement authorities have requested that motorists suspected of intoxication perform sobriety tests, such as walking a straight line, putting a finger to the nose, or balancing on one foot, in order to corroborate their conclusion of intoxication of the motorist based on objective [...]

In a number of U.S. states, a person riding a bicycle while intoxicated can lead to the same DWI charges as those a person driving a regular motor vehicle or commercial vehicle could face. This is because the person on the bicycle is operating the [...]

Some people think that alcoholism and drug addiction are not diseases but choices of behavior. However, medical evidence has established that alcoholism and drug addiction are physiologically identifiable conditions that require intensive treatment. If a DWI offender is found to have an alcohol dependency or [...]

When you are arrested for a DWI offense, you will usually be taken for a test to determine your blood alcohol concentration (BAC). The statute establishing the authority of the police to request such a test refers to this as a chemical test. The most [...]

The passive alcohol sensor (PAS) can detect alcohol in expired breath at a distance of 6 inches from the face and provides a means for detecting heavy drinking within 15-30 seconds. Passive alcohol sensors draw in a mix of expired and environmental air from in [...]

It can be a scary feeling to suspect a fellow driver of driving drunk, especially if their actions are reckless or impulsive. You may also know someone who chose to drive drunk and you fear for their safety. And your fear is well founded; drunk [...]

“Drunk driving” is a commonly used term that many think refers to any and all alcohol-related traffic offenses. In reality, there are multiple “drunk driving” charges that can be brought against an impaired driver, even when the driver is not legally intoxicated. Drivers under the [...]

Many people still think that the type of vehicle you are driving at the time of a DWI arrest either makes a difference or should make a difference in the charges leveled against them in court. The fact of the matter is a DWI is [...]

Under no circumstances is it permissible to drive a vehicle while drinking or consuming an alcoholic beverage. But did you know you cannot even possess the open container of alcohol in a car? Neither the driver or any passengers are allowed to consume or possess [...]

New York Boating While Intoxicated (BWI) Lawyer Every driver should be aware of New York’s DWI (driving while intoxicated) charge, and the penalties upon conviction for this charge.  Nearly every driver is aware of the DWI charge, many may not know about the many related [...]

New York “Per Se” DWI Lawyer Most people have heard of DUI (driving under the influence) and DWI (driving while intoxicated) charges. Every state has similar charges about impaired driving. In New York, there are multiple charges related to driving under the influence of alcohol [...]

New York Boating While Ability Impaired by the Use of a Drug If you or someone you know was recently charged with Boating While Ability Impaired by the Use of a Drug, contact DWI Team Defense Attorneys’s experienced DWI attorneys now. This charge can lead [...]

New York Felony Driving While Ability Impaired by the Use of a Drug Impaired and intoxicated New York drivers can face a variety of charges, including DWI (driving while intoxicated) and DWAI (driving while ability impaired). The charges a driver can face depend on how [...]

58-year-old Dr. James G. Corasanti, who was convicted of drunken driving in an accident that killed an Amherst teenager last year, landed in the hospital Thursday after his car was hit by a 17-year-old Amherst girl who was driving drunk. According to police reports, Corasanti [...]

If you or someone you love has been charged with a Driving While Ability Impaired by the Use of a Drug, then you are not alone. We can help. Contact us today to discuss your case free of charge at: 1-866-792-7800. Below are the current [...]

Types of Tests Blood Test Urine Test Breath Analysis Chemical sobriety tests are generally given after the field sobriety tests have been administered and have left due reason to believe that a driver is intoxicated. On the other hand, the field sobriety tests rely on [...]

What is the difference between a regular Driving While Intoxicated(“DWI”) charge and an Aggravated DWI/DUI charge in New York State? In January of 2007, a new law created the offense of Aggravated DWI in New York. Aggravated DWI is a new category of DWI with [...]

If you or a loved one has been charged with a DWI, it can be a very daunting experience full of unanswered questions. What happens after the DWI arrest? What happens at the court date written on my ticket? Will I keep my license? The [...]

Many individuals who are facing a charge of DWI or DWAI are understandably nervous. They are unsure if they're going to jail, what the consequences of the charge will ultimately mean financially and for their job, whether their license will be suspended or revoked, and [...]

Individuals charged with a DWI in New York State face up to 364 days in jail, three (3) years’ probation, six (6) month revocation of their driver’s license, mandatory installation of an ignition interlock device in any vehicle they own or operate, mandatory completion of [...]

When a driver is suspected of committing a DWI offense, he or she may be given a breath test on a device known as the Breathalyzer to determine their blood alcohol concentration (BAC). Many law enforcement officials make use of the Breathalyzer machine in DWI [...]

When a driver is pulled over by the police on suspicion of driving while intoxicated (DWI), they are often asked to submit to standardized field sobriety tests. These tests are physical acts which are designed to test the driver's coordination for the purpose of determining [...]

In a DWI case, the defense attorney may attempt to impeach a prosecution witness. The process of impeachment is intended to discredit the witness as a reliable source of information. Successful impeachment of a witness renders the witness less worthy of belief by a jury. [...]

The case of State of New Jersey v. Dennis Newell introduced the new DWI defense of pathological intoxication. In the case, Mr. Newell was convicted of DWI after falling asleep in his car after taking a large dose of Phenobarbital pills. Nr. Newell tried driving [...]