What Is the Difference Between OUI and DUI? Understanding the Key Differences
When it comes to impaired driving charges, the terms OUI and DUI are often used interchangeably, but they have distinct meanings depending on the jurisdiction. Whether you’ve been charged with an OUI (Operating Under the Influence) or a DUI (Driving Under the Influence), it’s essential to understand the legal implications and how they differ. This
How Long After an Accident Can You Be Charged with DUI?
Being involved in an accident can be stressful, and if alcohol or drugs are suspected, the situation becomes even more complicated. A common question is: “How long after an accident can you be charged with DUI?” While many DUI charges occur immediately following an accident, it is possible to be charged days, weeks, or even
Is a DUI a Misdemeanor or Felony? Understanding the Legal Classification
Driving Under the Influence (DUI) is a serious offense that carries significant legal and personal consequences. One of the most common questions people ask is, “Is a DUI a misdemeanor or a felony?” The answer depends on various factors, including the severity of the offense, prior convictions, and the jurisdiction where the DUI occurred. Let’s
The Importance of SFST Certification for DUI Lawyers: A Key Advantage in Challenging DWI Evidence
Driving While Intoxicated (DWI) cases are highly complex, often hinging on the evidence collected during a traffic stop. One critical component of this evidence is the Standardized Field Sobriety Tests (SFSTs), which law enforcement officers use to determine whether a driver is impaired. For a DUI lawyer, obtaining SFST certification can be a significant advantage
Understanding DWAI in NY: First Offense Penalties and Legal Consequences
Driving While Ability Impaired (DWAI) in New York is a serious charge that carries significant penalties, even for first-time offenders. For those facing a DWAI NY first offense, it’s essential to understand whether DWAI is a criminal offense and what the possible consequences are. Is DWAI a Criminal Offense? A DWAI first offense in NY
Difference Between OWI, DUI, and DWI
When it comes to impaired driving, different states use different legal terminologies to describe the offense. OWI, DUI, and DWI are acronyms that refer to various charges related to operating a vehicle under the influence of alcohol or drugs. Understanding the distinctions between these terms is crucial for legal clarity and awareness. OWI vs DWI
“Rosario Material” in DWI Law
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 they are material to that witness’ testimony. Such recorded statements
Supreme Court Has The Opportunity To Declare That Driving A Right Not Merely A Privilege
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 Dakota, and Beylund v. Levi, which are currently pending before
DWI and Plea Bargaining
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 to admit guilt on some lesser charge or plead guilty
DWI on a Bicycle: New York Law
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 “vehicle” while impaired, posing a danger to themselves, as well
