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DWI News
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 [...]
In People v. Rosario, the New York Court of Appeals set forth what has become known as the “Rosario rule.” This rule mandates that in criminal prosecutions, the prosecution must disclose to the defense all of a prosecution witness’ prior recorded statements, so long as [...]
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 [...]
Recently blood tests for DWI cases have made the news. At issue is whether police need a warrant before requiring a DWI suspect to a blood test. U.S. Supreme Court ruled in Missouri v. McNeely that in “drunk-driving investigations, the natural dissipation of alcohol in [...]
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 [...]
A drunk driving conviction can continue to affect your life long after you have sobered up. For example, if you are convicted of a DWI (driving while intoxicated) in New York the court can order you to install and operate an ignition interlock device on [...]
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 [...]
The recent DWI arrest of renowned singer and actor Justin Timberlake has garnered significant media attention. In part, this media firestorm sheds some light on the intricacies and challenges of Driving While Intoxicated DWI cases. As an attorney specializing in DWI defense with the DWI [...]
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 [...]
When alcohol is consumed, many of the skills that safe driving requires--such as judgment, concentration, comprehension, coordination, visual acuity, and reaction time--become impaired. Judgment The mental faculties are the first to be affected by drinking. Alcohol levels as low as .02% (well under the legal [...]
Not sure what the difference is between a DWAI, DWI, and DUI? Or looking to learn more about what qualifies as a DWAI? Your Syracuse DWI Team has outlined these offenses for you below. With years of experience navigating these complicated charges, they’ve tackled some [...]
Types of Tests: Blood Test Breath Analysis Breathalyzer Human Error/Mechanical Malfunction Prelimary Alcohol Screening Test Urine Test Blood tests taken at a hospital or police station are the most accurate chemical sobriety evaluations used to determine the blood alcohol level of a subject. They are [...]
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 [...]
Individuals charged with a DWI face a whole host of ramifications and consequences. However, many people are understandably concerned about the effects upon their driver’s license due to being charged and/or convicted of DWI. Post-Arrest: Immediately after your arrest for DWI, your full driver’s license [...]
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 [...]
In a surprising turn of events, popular singer and actor Justin Timberlake was arrested on Long Island for a DWI (Driving While Intoxicated) charge. This incident has left fans and the general public in shock, as Timberlake's pristine image now faces scrutiny. Here’s a detailed [...]
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 [...]
In New York, you can be charged with Driving While Intoxicated ("DWI") as a class "E" felony if you have a prior misdemeanor conviction for DWI within 10 years of your subsequent arrest date. In addition, even if you are a first-time offender, you can [...]
Driving While Intoxicated (DWI) charges carry significant penalties that can profoundly impact one's life. From the risk of losing a license to facing possible jail time, the stakes couldn't be higher. This is where the expertise of a seasoned DWI lawyer comes into play. An [...]
Driving requires attention, skill, and, most importantly, sobriety. Unfortunately, not all drivers adhere to this last principle, posing significant risks to themselves and others on the road. Drunk driving remains a critical concern across the nation, leading to countless accidents and tragedies each year. As [...]
In an era where technology seems to leap bounds faster than we can keep up, the advent of self-driving cars has presented many legal, ethical, and safety considerations, particularly when it comes to drinking and driving. The question at the forefront of this technological revolution [...]
DWI Chemical Tests In general, there are three tests used as evidence in DWI cases: blood tests, breath tests, and urine tests. A chemical test refers to any analysis of the chemistry of blood, breath or urine to determine the blood alcohol content of [...]
New York City requires residents to have a gun permit to own a handgun legally, but the law is administered so stringently that virtually no residents of New York City other than retired police officers are able to get a permit. It costs $431.50 just [...]
A DWI means that the driver is legally intoxicated, or drunk, with a BAC of at least 0.08 percent. A DWAI means that the driver’s BAC is between 0.05 and 0.07 percent, or there is other evidence that the driver is impaired. Both a DWI [...]
Are you or someone you know facing a DWI charge? If so, you’re likely wondering what to do next. Should you hire a lawyer or go without? The next decision you make could be crucial in determining the outcome of your case. Did you know [...]
https://www.youtube.com/watch?v=RlR6ezfy6u0 If you were pulled over for driving under the influence, would you know what to do? No one likes getting pulled over. It can be anxiety inducing and even downright scary. The moment it happens, any logical thinking is likely to go right out [...]
Driving While Intoxicated (DWI) is a misdemeanor criminal charge in New York. A conviction of this charge can lead to severe legal consequences, including paying hefty fines and jail time. If you have been convicted of multiple DWIs or DWAIs (Driving While Ability Impaired), what [...]
Driving while intoxicated (DWI) is a serious charge that can result in severe penalties upon conviction. New York drivers face the nation’s toughest DWI laws that carry steep fines, driver’s license suspension or revocation, or even jail time, among other penalties. Drivers convicted of certain [...]
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 [...]
Every American driver has to undergo some form of driver’s education or a driving test before receiving a driver’s license. Often that education includes some information about DWI and DUI charges and the potential criminal punishments for breaking drunk driving laws. Even though “drunk driving” [...]
You have just been pulled over by police, and the officer asks you to step out of the car. He thinks you may be intoxicated, so you are asked to submit to a breathalyzer test. Even though you have only had a few drinks, the [...]
For years, chemical breath tests have been a widely used by law enforcement to test drivers’ blood alcohol content (BAC) levels. Whenever a police officer pulls over a driver on suspicion of drunk or impaired driving, the breath test is typically one of the first [...]
What is Leandra's Law? Leandra’s law made a first-time offense of driving while intoxicated with a person under the age of 16 in the car an automatic felony. This law also set the current BAC to its current number of .08. This law was signed [...]
In recent months, New York State legalized the recreational use of marijuana. However, merely because the State has chosen to legalize the drug’s recreational use does not mean that New Yorkers are now free to drive while under its influence. Driving Under the Influence of [...]
Probation is a period of time imposed by the court following a conviction for a crime – whether by plea or after trial - where an individual avoids jail or is released from confinement or jail subject to a period of good behavior. During the [...]
Following an arrest for DWI, your first concern is surviving the booking and arraignment process. Immediately, an issue with your driver’s license comes up. At time of arrest, your drivers’ license and driving privileges get suspended. You have 15 days from the date of the [...]
While high speed car crashes can be exciting to watch on television, running from the police is not advisable and can often land you in a lot more trouble than it’s worth. A man from Queens recently learned this lesson the hard way when he [...]
It is not secret that a conviction for driving while impaired, or DWI, is a serious offense that can bring about major consequences. In New York, a DWI is a misdemeanor offense, which means that a conviction will create a permanent criminal record for the [...]
An appellate court in the Ninth Circuit recently issued a ruling that could have repercussions in New York and around the country. The issue had to do with guns, and the ability of their sales to be regulated by local ordinances. Drawing a Line Against [...]
The presumption of innocence dates back to 1895, with the findings of the Supreme Court in the matter of Coffin v. United States. Considering that the world’s oldest living human was born in 1899, this legal doctrine is more long-standing than any of us. And [...]
There are a wide variety of so-called drunk driving and driving under the influence charges that an inebriated driver may face in New York. From Snowmobiling While Ability Impaired (operating a snowmobile under the influence of alcohol) to a “per se” DWI (where the driver’s [...]
While many DWIs occur when an individual is intoxicated because of alcohol, New York DWI law also prevents drivers under the influence of certain drugs from operating a vehicle. The list of drugs that New York prevents drivers from using while operating a vehicle is [...]
Attorney, Dennis Nave, from our Syracuse office, takes a look at six reasons why you may want to plead not guilty or plead guilty in a criminal case. If you are put in the unfortunate position of defending yourself in a criminal case, you should [...]
Canada, arguably the friendliest neighbor a nation can have, and luckily enough our neighbor to the north, is a frequent tourist destination for U.S. citizens and residents alike. As a result, we are frequently asked if you are still able to enter Canada with a [...]
There are many conditions that affect a person’s blood alcohol content (BAC), a measure of the amount of alcohol that is present in ones blood stream. A person’s BAC can be determined from 30 to 70 minutes after consuming alcohol, and it’s based on many [...]
What if an ignition interlock were installed on every car? The National Highway Transportation Safety Administration (NHTSA) has just unveiled new technology designed to eliminate drunk driving once and for all. Through advanced breath and touch-based sensors that would read a driver’s blood alcohol concentration (BAC) [...]
A million questions can run through a person’s mind once they are formally charged with a misdemeanor DWI. Should I get a lawyer? What is going to happen to my license? What kinds of penalties am I facing? Will I have a criminal record? What [...]
DWI is a dangerous game and a game that is often played by participants who rarely have the mental capacity (at least at the time of deciding to play) to make that decision. Don’t let your children fall prey to the dangers of drunk driving [...]
Driving while intoxicated is a serious offense that can result in steep fines, driver’s license revocation, and jail time, among other penalties. In addition to the penalties for this charge, a convicted driver may face negative consequences when searching for a new job or applying [...]
The New York Legislature frequently proposes new laws to crack down on impaired and intoxicated driving. It is no surprise that at the beginning of what experts call the “100 deadliest days for teen drivers,” two New York State Senators are calling for more legislation [...]
Any New York driver convicted of driving while intoxicated charge (DWI) can be required to install and maintain an ignition interlock device on their vehicle. These devices are used to punish DWI offenders and prevent future DWIs. What is an ignition interlock device, then? And [...]
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. This is in order to corroborate their conclusion of intoxication of the motorist based [...]
The word “arrest” means that you are being put in custody of a law enforcement officer and deprived of your liberty. Being put under arrest gives the police the power to restrain you. After you are put under arrest, most jails will allow you to [...]
The Fourth Amendment is the constitutional provision that places basic restrictions on all police searches. It prohibits unreasonable searches and seizures by the police. To be considered a “search” under the Fourth Amendment, there must be an expectation by a defendant of privacy in the [...]
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 [...]
The Fifth Amendment’s right against self-incrimination forbids the government from compelling an individual to provide a testimonial or communicative evidence that could be used to incriminate that individual. The right against self-incrimination may be claimed in any circumstance where the government seeks to compel a [...]
A DWI arrest serves the function of notifying the community that an individual has been accused of a crime and also serves to try to deter the DWI suspect from committing other crimes. A DWI arrest may occur by a police officer (1) putting handcuffs [...]
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. [...]
New York has a strict Zero Tolerance Law against drinking and driving for those individuals under the age of 21. The law applies to all persons under the age of 21 who operates a motor vehicle with a Blood Alcohol Content (“BAC”) of not less [...]
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 [...]
Sobriety checkpoints have become more prevalent in the past ten years, especially in the state of New York. Advocates for the continued use of DWI checkpoints focus their discussion on the effectiveness of the DWI checkpoints ability to deter drunk driving. Those who protest DWI [...]
What Is Dram Shop Liability? Dram shop liability holds the owner or servers at a bar, restaurant, or other location where a patron consumed their last alcoholic beverage, responsible for harms subsequently inflicted by the patron on others. Dram shop liability gets its name from [...]
The Cost of a DWI Conviction The costs of a DWI conviction can be great. The fines can be upwards of $15,000 for the first offense. The penalties for DWI in New York have become harsher and harsher over the past couple of years. If [...]
The police are permitted to use roadblocks to stop drivers at specified locations to identify alcohol-impaired drivers. These locations are called sobriety checkpoints. Sobriety checkpoints are often established at times when drinking and driving are very prevalent, such as holidays and weekends. Sobriety checkpoints are [...]
Under current New York law, you could face harsher consequences, as well as additional charges and stiffer punishment if convicted of a DWI while a minor was present in your vehicle. Ideally, no one should drink and drive, and if they do, children certainly should [...]
If you are pulled over on suspicion of a DWI in Syracuse, you’re already in some hot water. Without a doubt, you do not want to make things harder on yourself. Failure to take the proper course of action could result in further charges and [...]
In a recent post, we discussed Syracuse DWI laws and the potential punishments faced by offenders. Repeat offenders with three or more DWIs now face harsher punishment. In September 2012, Governor Cuomo announced plans for a new policy. The new policy aims to give New [...]
Getting stopped by the police is a scary experience for anyone. This article is intended to give motorists some background information regarding traffic stops and any subsequent investigation by police. However, the main purpose of this article is to describe the differences between a Preliminary [...]
The New York State DWI Laws are a vast arena and unless one is ably assisted by a DWI lawyer in Central New York, things could get really tricky for the alleged defendant. Driving while intoxicated is not a heinous crime but the potential dangers that [...]
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How Accurate Are Breathalyzers?November 2, 2022 -
Aggravated DWI in New YorkSeptember 1, 2022 -
Gun Control Laws and DWI OffendersFebruary 15, 2024
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What is the Difference Between a DWI and a DWAI?June 26, 2024 -
New York DWI: Second ConvictionJune 21, 2024
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Penalties for Piloting Under InfluenceJune 21, 2024
Our client’s initial offer was to plead guilty to a DWI, with a BAC of .27. This would leave our client with a criminal record for the rest of his life. We believed there was an issue with the stop, so we pushed forward. At hearings the officer said he stopped the vehicle because of a welfare check. He admitted there were no traffic infractions and that the stop was based solely on the concern for the wife. After the hearings, we submitted a memo of law outlining our issues. In the end, the Judge ruled that this was in fact, a bad stop and suppressed all the evidence and as a result, the case was dismissed.
Law enforcement said our client had a BAC of 0.21 and had caused an accident in which he rolled his vehicle. During extensive negotiations with the prosecution, we were able to demonstrate that the accident was caused by inclement weather and our client had extensive equities from prior military combat experience. The result was an offer to a DWAI which is a non-criminal traffic infraction that – due to the accident and high BAC – was significantly outside of the District Attorney’s reduction policy.
Our client was involved in a head-on collision and charged with DWI. In light of her prior DWAI conviction, she faced possible jail time and revocation of her driver license. Our efforts on her behalf yielded a result that pleased the client and her husband. She pleaded guilty to the reduced count of DWAI and a traffic violation, and she avoided the more serious penalties allowed by law.
Our client was arrested for DWI, Leaving the Scene of a Personal Injury Accident, and Failed to Keep Right. It was unclear if our client or his friend was driving. Our client was very concerned as he is in the process of becoming a Corrections Officer and a DWI conviction would make that difficult, if not impossible. Our attorneys discovered our client was in possession of valuable information that could assist the DA’s Office in felony prosecutions. In exchange for our client’s cooperation with all testimony at Grand Jury the DA’s Office dismissed the case in the interests of justice. Our client was left with no criminal record and his career plan of becoming a Corrections Officer intact.
Our client is an air traffic controller for the Army and holds a security clearance. He was snowmobiling the night of his arrest and was stopped on his way home for operating a snowmobile after midnight. He was arrested and taken to the station where he blew a .23. Our attorneys explained that our client would lose his job/career with a misdemeanor conviction. By presenting legal proof regarding the BAC and equities tied to his career, we were able to obtain an SWAI (no criminal) result, protect our client’s job, and have the record of his conviction sealed.
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