dwi

What You Must Not Do

If you are arrested and charged with DWI on Long Island or in New York City, you must discuss your case with an experienced Long Island DWI defense attorney as quickly as possible. It’s imperative to fight a DWI charge with the help of an experienced defense lawyer who can aggressively challenge the state’s case against you. While you must retain legal counsel at once, there are also some things you must not do after you’ve been charged with DWI. These include:

  • You must not agree to be interrogated without having an attorney present. Be polite, but insist on your right to remain silent and on your right to legal counsel.
  • You must not plead guilty or accept any plea agreement before consulting an experienced DWI attorney.
  • You must not fail to take a DWI charge seriously. A DWI conviction is punishable with jail, fines, probation, a driver’s license suspension, and other penalties. Take the charge seriously.
  • You must not discuss your case with anyone other than your attorney. Do not post even a casual comment about your case on Twitter, Facebook, or comparable forums. That’s precisely where the state will seek incriminating evidence against you.
  • You must not fail to put an experienced Long Island DWI lawyer on the case immediately after a DWI arrest. It’s imperative to begin gathering evidence and questioning witnesses as quickly as possible.

Now that you know what not to do, learn what you should do when you’re stopped by a police officer.

Exercise Your Rights

It’s imperative for every American to know, understand, and exercise our legal rights. Knowing your rights and exercising them properly can directly affect the outcome of any criminal charges filed against you, especially if the police in New York arrest you for DWI. After an arrest, law enforcement officers must read your “Miranda” rights before any questioning is allowed. That is, they must explain your right to remain silent, your right to an attorney, and the state’s obligation to provide an attorney if you cannot afford one. If you’re charged with DWI in New York, don’t accept court-appointed counsel or try to represent yourself. Instead, call an experienced Long Island DWI defense attorney and get the effective legal representation you really need.

You have the right to remain silent if you’re arrested for DWI. Be polite. Give the officer your name, address, date of birth, driver’s license, registration, and social security number. These are “routine” inquiries that are not considered formal interrogation. But you should avoid answering any other questions, providing information or evidence, making any statements, or signing any forms until you have the advice of an experienced DWI defense attorney. We all want to explain ourselves and be understood, but in this situation, let your attorney do the talking. Be polite but firm when you request an attorney. If your Miranda rights are violated, it could – possibly – result in the DWI charge against you being dropped.

When the police arrest you for DWI, they are not your friends. It’s in their interest to compile sufficient evidence against you to win a conviction. If you are charged with DWI on Long Island or anywhere in the five boroughs, speak at once with an experienced Long Island DWI defense attorney. DWI is treated as a serious charge in New York, and you’ll need a good DWI attorney to fight for justice on your behalf.

Avoid DUI Charges

You can take some practical steps to protect yourself and your friends and acquaintances from driving while intoxicated. Whenever you host a gathering where people will be drinking, remind them to arrange in advance for a sober driver. Be sure to provide soft drinks or juices and water, and make certain that your guests all leave safely. Don’t hesitate to take someone’s keys if you need to – that person will probably thank you the next day. If you, your friends, or any of your family members are arrested for DWI on Long Island or in New York City, arrange at once to speak with an experienced Long Island DWI attorney.

If you’re going to be away from home for a night out or for a specific event, New York and Long Island probably have more public transportation available than any other location in the world. Buses, subways, taxis, limo companies, and ride-sharing services are everywhere, and most can be accessed 24 hours a day, 365 days a year. Riding a bicycle is not a good option. Although there’s no specific law in New York against “bicycling under the influence,” it’s quite dangerous, and you could still be charged with a misdemeanor such as public intoxication or reckless endangerment.

There are also steps you can take to avoid getting pulled over for suspicion of a DWI. Police officers are more likely to pull you over if your lights don’t work, you toss cigarette butts out the window, you have a license plate violation, or you have dark tint film on your car windows. To avoid trouble, make sure that everything on your car is in order so police officers do not pay more attention to you. Once a police officer pulls you over, they could suspect that you have been drinking and driving and ask you to step out of the car for a field sobriety test. Not only is this embarrassing, but it could lead to serious criminal charges.

Everyone who drives while intoxicated is taking an unnecessary and dangerous risk. Any time you get behind the wheel after drinking, you could be arrested, injured, injure others, or worse. If you are arrested for DWI on Long Island or in New York City, retain legal representation as soon as possible. A good DWI lawyer will safeguard your legal rights, explain the legal process as it unfolds, will advocate vigorously for justice on your behalf and may offer New York based resources or other programs to help overcome life events. If you face a DWI charge in Long Island or anywhere in New York City, today or in the future, consult at once with an experienced Long Island DWI attorney.

By |Blog, dwi|Comments Off on What You Must Not Do

DWI And The Holidays

The leaves are falling and the holidays are approaching, so New York drivers can expect the enforcement of DWI laws to become more aggressive, as it always does this time of year. If you are charged with DUI in Queens or in any of the five boroughs over the holiday season, don’t expect the courts to be filled with the holiday spirit. They won’t be. Expect no leniency. You’re going to need legal help just like any other time of the year. After a DWI arrest, immediately arrange to consult with an experienced Long Island DWI attorney who can fight aggressively to protect your rights and interests.

Here’s what you must know about DUI in New York this season:

  • Understand that a designated driver is someone you are trusting with your life. Make sure it’s the right person. Limos, taxis, and buses are available all over Queens, and many operate 24/7/365. Also check out the ride-sharing services and apps such as Uber and Lyft.
  • Bicycling might not be a good alternative. Bicycling while intoxicated is not specifically against the law in New York, but it’s never a good idea, it’s dangerous, and you could still be arrested for public intoxication or public endangerment.

A driving while intoxicated charge is not an automatic DWI conviction, but you will require the counsel of an experienced DUI lawyer who will challenge the state’s case against you and fight vigorously for justice on your behalf. During the holiday season and every season, if you are arrested and charged for driving while intoxicated in Queens or anywhere in the New York City area, act promptly. Make the call at once to speak with an experienced Queens DUI attorney.

Regardless of how well or poorly you may be driving, it is against the law to drive with a blood alcohol content (BAC) level above 0.08 percent. Don’t think that if you have only one drink every hour, you can legally drive. You can’t. Frankly, you probably shouldn’t drive until the next day after anything more than a 12-ounce beer or 6-ounce glass of wine. Even one beer or one glass of wine can put you over the limit if you weigh a hundred pounds or less. Of course, the wisest approach is no drinking whatsoever if you’re going to drive, and calling a cab or having a designated driver if you’re going to drink.

If you are charged with DUI anywhere in the state of New York, it’s imperative to speak with an experienced DWI attorney as quickly as you can. Your attorney may dispute the arresting officer’s testimony, the DWI test results, or the legality of your traffic stop and arrest. Being charged with DUI doesn’t mean that you’ll be convicted and sentenced, but it does mean that you need to retain the advice and services of an experienced DUI defense attorney. If you face a DWI charge in the state of New York over the holidays or in the new year, speak at once with an experienced Queens DWI lawyer.

By |Blog, dwi|Comments Off on DWI And The Holidays

Probable Cause And DWI Checkpoints

Although the courts in twelve states do not allow police agencies to conduct sobriety checkpoints, sobriety checkpoints are legal here in New York. The police officers at sobriety checkpoints conduct “random” traffic stops to determine if drivers are too intoxicated to drive. If you are stopped by police officers at a New York DWI checkpoint, and if you are then arrested and charged with driving while intoxicated, you are in grave legal trouble. You’ll need to retain as quickly as possible the advice and services of an experienced Long Island DWI defense lawyer.

Since the police need “probable cause” to stop you, how can DWI checkpoints be legal? The U.S. Supreme Court has for all practical purposes created a loophole and made an exception for sobriety checkpoints, reasoning that the state’s obligation to protect the public outweighs the imposition upon drivers and the limited violation of their privacy rights. Still, the police must follow strict guidelines while conducting a sobriety checkpoint. The times and locations of checkpoints must be made available to the public in advance, and signs must be posted informing drivers that they are approaching a DWI checkpoint. Weekends and holidays are typically when the police conduct sobriety checkpoint operations.

In New York, a conviction for driving while intoxicated can lead to some harsh penalties that follow you for the rest of your life, and if you’re charged with DWI, you’ll need to contact an experienced Long Island DWI defense attorney immediately. In New York, the legal blood alcohol content level (BAC level) for drivers is 0.08 percent. Plenty of New Yorkers can drive safely at that exceptionally low level of intoxication, but some drivers can’t. If you are able to drive safely with a BAC level of 0.08 percent, it’s just too bad. Everyone has to comply with the same law.

Even if you’ve had “just one” in New York and you’re under the legal limit for DWI, you could still be charged with DWAI (driving while ability impaired). DWAI is a traffic infraction rather than a misdemeanor or a felony, but if you’re charged and convicted, you could still face some very disagreeable consequences. You can be charged with DWAI if your BAC level measures between 0.05 percent and 0.07 percent and you are unable to operate a motor vehicle safely. A conviction for DWAI could send you to jail for 15 days and cost you up to $500.

If you are stopped and arrested for driving while intoxicated at a DWI checkpoint, politely exercise your right to remain silent, and then obtain legal help as quickly as you can. An experienced DWI lawyer can gather evidence and question witnesses while looking for the flaws and mistakes in the prosecutor’s case against you. Don’t wait to retain legal counsel. If you are charged with DWI in Mineola, Nassau County, Suffolk County, or anywhere in New York City, now or in the future, at a sobriety checkpoint or in any other situation, fight the charge and take your case immediately to an experienced Long Island DWI defense lawyer.

By |Blog, dwi|Comments Off on Probable Cause And DWI Checkpoints

A Dangerous Combination

If you’re driving while intoxicated in New York, it doesn’t matter if you’ve been drinking alcohol, smoking marijuana or taking prescription drugs. The consequences are the same if you’re convicted, and those consequences can be quite harsh. If you’re charged with driving while intoxicated on Long Island or anywhere in New York City, it’s imperative to contact an experienced Long Island DWI defense attorney as quickly as possible.

Marijuana and DWI

While a growing number of states are liberalizing their marijuana laws, concern is also growing across the nation about drivers who mix marijuana and alcohol. Some new research findings from Europe are causing even more apprehensions.

There is simply no question or debate – smoking pot and drinking alcohol together does far more damage to your driving ability than simply consuming either substance exclusively. That’s what researchers in the Netherlands at Maastricht University found when they tested a number of volunteers. When alcohol is combined with marijuana, and even when a driver’s blood alcohol content level is measurably under the legal limit, driving ability is substantially impaired, and a driver’s driving behavior resembles the driving pattern of someone significantly over the legal limit. Combining even small quantities of the two drugs together essentially destroys your ability to drive a vehicle safely.

Prescriptions and DWI

n the state of New York, if you are arrested and accused of driving while intoxicated, immediately take your case to an experienced Long Island DWI defense attorney. Understand, however, that a second DWI conviction within ten years of the first is a Class E felony in New York, and if you are convicted, the penalties will a fine from $1,000 to $5,000 and ten days in jail or sixty hours of community service. If you’ve been convicted of DWI more than four or five times, you may be struggling with a dependency issue, and you should probably seek some counseling. Almost anyone can avoid DWI troubles by quitting alcohol. Drivers who don’t drink alcohol do not get charged with DWI – usually.

However, if you are using pharmaceuticals prescribed by your doctor, DWI can get complicated. You can’t just “quit” your prescription medication like you can quit drinking. Your medicine is keeping you healthy, but you probably should not drive while you’re talking it. Many prescription and over-the-counter medicines can impair your ability to drive. Driving while taking these medications could get you charged with DWI. You could be responsible for a collision, serious injuries, and even fatalities.

If your physician has prescribed medications for you or prescribes them in the future, ask the doctor to describe how the drugs will affect you. Always heed the warning labels that accompany medications. If you are accused of a prescription drug-related DWI in the state of New York, it’s like every other DWI charge. You have the right to remain silent, and you have the right to consult an attorney before answering any questions. If you’re charged with DWI on Long Island or in any of the five boroughs, obtain legal help at once. Let an experienced Long Island DWI defense attorney represent you and fight on your behalf. After any New York DWI arrest, make the call immediately.

What To Do If You’re Stopped for DWI

If you are pulled over by law enforcement officers on Long Island or in New York City because you are suspected of DWI, remain silent and do not consent to a search of your vehicle. One of your key rights is the right to remain silent. Sure, if you are a charming speaker, you might be able to talk your way around a traffic ticket, but a criminal investigation is another matter entirely. When you’re being investigated for a crime, talking with the police is almost always a mistake. You have the right to have an attorney present during any and all questioning. Don’t be concerned about your “Miranda” rights. As long as you are not under arrest, the police do not have to tell you your Miranda rights, but you always have a right to remain silent and to have an attorney present during any questioning.

The primary job of police officers, aside from maintaining order, is to gather facts and collect statements when alleged crimes are reported – no more, no less.  In the performance of a police investigation to gather facts and statements, police officers may have to decide whether or not to take a person to jail for processing and arraignment (a formal reading of charges to be pursued), but they make this decision based on the facts and statements provided, not on their own legal analysis.

In most cases, it is a person’s own statements that end up hurting them the most.  Even though the statements may seem simple and innocent enough, police are not trained to dissect facts and apply rules of law, they are trained to follow a checklist, of sorts, basing their decision to make an arrest based on certain words (in many cases, not even full sentences), which are reported to them.

You are never required to consent to an unwarranted search, but if a police officer has a search warrant, you must permit the search. If the police ask to conduct a warrantless search, you should insist on a warrant, but remain polite at all times when communicating with the police officer. A police officer has no right to detain you unless the officer has a reason to suspect that you committed a crime (or a traffic violation). If you are in doubt, simply ask the officer if you are free to go.

If you are arrested for marijuana-DWI, you’ll need an experienced Long Island DWI defense attorney who can represent you aggressively while advocating for the best possible result. Even in first-offense, marijuana-DWI cases, New York courts are seldom lenient. Don’t plead guilty – fight the charge. If you face a DWI charge for any reason in Mineola, Nassau County, Suffolk County, or anywhere in New York City, contact an experienced Long Island DWI defense attorney immediately.

By |Blog, dui, dwi|Comments Off on A Dangerous Combination

Don’t Plead Guilty To DWI

A conviction in New York for driving while intoxicated can dramatically change your life. Do not take a DWI accusation lightly, but don’t just plead guilty and pay the fine either. That might seem like the fastest and easiest way to deal with the matter and move ahead with your life – but it’s not. If you’re charged with DWI in Queens, fight the charge with the help of an experienced Queens DWI defense lawyer. Pleading guilty is not the “fast and easy” way to deal with a DWI charge. If you do plead guilty, you’ll also learn that “moving ahead” isn’t that easy after a DWI conviction.

If you plead guilty to a first-offense DWI in Queens or in New York City, the punishment can include a fine from $500 to $1,000, up to a year in jail, and a six-month driver’s license suspension. If it’s a second offense, you could serve up to four years in prison, pay a $1,000-to-$5,000 fine, and lose your license for a year. After a second conviction, you’ll also be ordered by the court to have an interlock ignition device installed in your vehicle, and you’ll pay for its installation and maintenance.

In order to avoid being charged and convicted of a DUI, it’s important that drivers know about other factors that can cause you to become under the influence. One of those factors is pure vanilla extract. Pure vanilla extract is made by macerating and percolating vanilla beans in a solution of ethyl alcohol and water. In the U.S., for a vanilla extract to be called pure, the Food and Drug Administration requires the solution to contain a minimum of 35 percent alcohol. Carolyn Kesel, 46, of Seneca Falls was charged with felony DWI and felony aggravated DWI after allegedly drinking two small bottles of pure vanilla extract and then becoming lost in a Walmart parking lot. Police said her blood alcohol content level was more than three times the legal limit.

According to authorities, Ms. Kesel was discovered driving erratically at the Walmart, and she told the police that she could not find her way out of the parking lot. The vanilla extract she allegedly consumed had an alcohol content of 41 percent. A breathalyzer measured Ms. Kesel’s blood alcohol content (BAC) level at 0.26 percent, more than triple the legal limit, resulting in the felony charges. If Ms. Kesel had known about the dangerous effects of this extract, perhaps this could have been avoided.

If you’re accused of driving under the influence anywhere in the Queens area, you should know that working with a good DWI defense attorney is the best way to handle the charge. The right lawyer will safeguard your legal rights, explain the law and the options it gives you, and lead you through the legal process to the best possible conclusion of your DWI case. If you’re charged with DWI now or in the future, take the first step toward justice and contact an experienced Queens DWI defense lawyer immediately.

By |Blog, dwi|Comments Off on Don’t Plead Guilty To DWI

Keep The Fun Legal This Summer

Summertime. In New York, it’s the season when everyone wants to enjoy the water, whether they’re swimming, sailing, or pursuing some other water-related recreation. It’s all great fun until there’s an accident and someone gets hurt, or worse. Boating while intoxicated isn’t only against the law – it’s also frequently fatal. Impaired boaters are extremely dangerous, but if you’re arrested and charged with boating while intoxicated, it doesn’t mean that you’re guilty, and you shouldn’t plead guilty. If you’re charged with Boating While Ability Impaired (BWAI) or Boating While Intoxicated (BWI) in New York this summer, obtain legal help and contact an experienced Long Island DWI defense lawyer immediately.

New York Boating While Intoxicated Law

If you didn’t know, drinking while boating is against the law in New York just like drinking and driving. The law states:

  • No person shall operate a vessel upon the waters of the state while his ability to operate such vessel is impaired by the consumption of alcohol.
  • No such person shall operate a vessel other than a public vessel while he has .08 of one per centum or more by weight of alcohol in his blood, breath, urine, or saliva, as determined by the chemical test made pursuant to the provisions of subdivision seven of this section.
  • No such person shall operate a public vessel while he has .04 of one per centum or more by weight of alcohol in his blood, breath, urine, or saliva, as determined by the chemical test made pursuant to the provisions of subdivision seven of this section.
  • No person shall operate a vessel while he is in an intoxicated condition.

If you are suspected of boating while intoxicated, you may be subject to taking a blood alcohol content test. There are three main tests that are used:

  • Blood— Considered the most accurate, as it takes a direct measure of the alcohol level in the blood.
  • Breath— Gives an indirect BAC level, then uses a calculation to determine the alcohol content of the blood.  The police may have you take the test 2-3 times for a consistent reading.  While the test can be inaccurate, it is considered acceptably accurate by the courts for the purpose of gathering evidence.
  • Saliva—Test strips are used to determine the amount of alcohol in the saliva, then compared with a color chart for the reading.

It’s not recommended to refuse a blood alcohol content test. If a boater refuses to take the test to prove their sobriety, they will face penalties for their refusal. These penalties may include a loss of their boating privileges for a specific period of time and a monetary fine.

If a boat operator’s blood alcohol content (BAC) level registers at 0.08 percent or higher, the charge is Boating While Intoxicated (BWI). If convicted, a first-time offender can be fined up to $1,000 and go to jail for up to a year. A lesser charge, Boating While Ability Impaired (BWAI), can be filed if a boat operator’s BAC level registers from 0.05 percent to 0.07 percent. If convicted, a first-time BWAI offender can be fined up to $500 and go to jail for up to 15 days.

Boating while intoxicated or BWI doesn’t become a felony if you have a prior conviction, a child on your boat, or if other drugs are involved or combined with alcohol. Nevertheless, you do not want to be convicted of BWI in New York. If you’re charged with boating while intoxicated in the waters around Long Island or New York City, immediately retain the counsel of an experienced Long Island DWI lawyer.

Exercise Your Rights

One of your key rights is the right to remain silent. Sure, if you are a charming speaker, you might be able to talk your way around a traffic ticket, but a criminal investigation is another matter entirely. When you’re being investigated for a crime, talking with the police is almost always a mistake. You have the right to have an attorney present during any and all questioning. Don’t be concerned about your “Miranda” rights. As long as you are not under arrest, the police do not have to tell you your Miranda rights, but you always have a right to remain silent and to have an attorney present during any questioning.

In most cases, it is a person’s own statements that end up hurting them the most.  Even though the statements may seem simple and innocent enough, police are not trained to dissect facts and apply rules of law, they are trained to follow a checklist, of sorts, basing their decision to make an arrest based on certain words (in many cases, not even full sentences), which are reported to them. If you are being questioned by police, stay silent and contact a Long Island BWI attorney as soon as possible.

Staying Safe on the Water

Whenever you enjoy the water in and around Long Island, or New York City, always get a weather forecast before departing, always wear a life jacket, and always have a marine radio, flares, flashlights, and a fire extinguisher. Most importantly, don’t drink before operating a boat or any other kind of watercraft. Be proactive about safe boating, and if you’re charged with boating while intoxicated because you made a bad decision – or if you’re innocent and wrongly accused – speak as quickly as possible to an experienced Long Island DWI lawyer.

If you are facing charges for boating while intoxicated, don’t hesitate to contact a knowledgeable Long Island DWI attorney. An experienced Long Island DWI attorney can review the particulars of your BWI or BWAI case and recommend what’s best for you; if the evidence against you is overwhelming, that could mean accepting a plea bargain, but it other cases, it might mean going before a jury and fighting for your acquittal. Enjoy the waterways around New York and Long Island this summer, but please stay safe. If you need legal counsel now or in the future in the New York City or Long Island area regarding a BWI, BWAI, or DWI charge, arrange at once to speak with an experienced Long Island DWI defense lawyer.

By |Blog, dwi|Comments Off on Keep The Fun Legal This Summer

If You Are Stopped For Suspicion of DWI

If you are pulled over by the police for suspicion of DWI while driving on Long Island or anywhere in New York, cooperate with the officer, but politely refuse to answer any questions. Remain calm, try to smile, and if the officer asks to see your driver’s license, vehicle registration, and proof of insurance, go ahead and produce them. Do not, however, answer any other questions. The officer’s questions are intended to generate answers that can be used as evidence against you, and you have a constitutional right to avoid self-incrimination. If you’re arrested for DWI, you have another right – the right to have an attorney present during any interrogation. After a DWI arrest, politely insist on that right, and call an experienced Long Island DWI defense lawyer as soon as you are able.

In New York, when you receive a driver’s license – or when you drive on New York streets if your license is out-of-state – you are implying your consent to take a breath test if a police officer requests it. You can be asked to take a blood test if:

  • an officer sees you violate a traffic law
  • an officer reasonably believes that you are driving while intoxicated
  • you have been involved in a traffic accident

Contrary to popular belief, field sobriety tests are not mandatory and can be refused – for several reasons.  First of all, the tests are not 100% accurate.  They are based on calculations for how average people will react depending on the amount of drugs or alcohol in their system.  Since not everyone is average, the results can’t be depended on as concrete evidence of a wrongdoing.  Second, the tests are conducted often on the sides of busy highways, with the test taker exposed to the elements, under the glare of often bright, flashing lights.  There are simply too many environmental factors in play to depend on the accuracy of a field sobriety test.

However, chemical testing, which uses a sample of a suspect’s blood, breath, or urine to determine whether or not he or she has consumed drugs or alcohol – is not optional.  In New York, the penalty for a chemical test refusal is the loss of driving privileges and a fine, whether or not the results of the test would have come back positive or negative.

Except at a DWI checkpoint, the police must have probable cause to stop you in traffic. The officer must have a plausible reason to believe that you have committed or are committing a crime or a traffic violation. If you can avoid being pulled over in traffic, you can probably avoid a lot of additional legal problems on Long Island and in New York City. If you are stopped in traffic and arrested for DWI, contact an experienced Long Island DWI attorney immediately. When a driver is pulled over by the police on Long Island or in New York City, the officer has probably observed a violation, and it can be something quite trivial. Listed here are some of the leading reasons why you might attract the attention of the police:

  • Your license plate is outdated or not affixed properly to your vehicle.
  • A taillight, headlight, turn signal, or brake light isn’t working.
  • You tossed out a gum or candy wrapper or a cigarette butt.
  • Something is blocking your windshield or hanging from your rearview mirror.
  • You have after-market window tint film on your windows. In New York, only rear windows may be tinted and only if a vehicle has outside rearview mirrors on both sides.

You’ll need to keep any documents you receive from the police – they’re important. And you’ll also want to create some paperwork of your own. Try to piece together precisely what happened in the several hours before you were arrested, and write it all down in your own words. Use your cell phone, social media accounts, and receipts or records of purchases to help you remember where you were, whom you spoke with, and where and why you were stopped and arrested. Return to what you’ve written after a day or two, and you’ll probably remember more. Then share this information with your attorney.

If you are convicted of DWI in the state of New York, the penalties for a first-offense can include fines from $500 to $1,000, up to a year in jail and three years of probation, a yearly $250 “driver responsibility assessment” fee for three years, and attendance at a victim-impact panel. Your driver’s license may also be revoked for six months. If you are convicted of a second or subsequent DWI charge, expect even harsher penalties. The best strategy is simple. Don’t drink and drive. If you plan on driving, avoid drinking entirely, and if you plan on drinking, arrange for a taxi, a limo, a ride-sharing service, or a designated driver. Nevertheless, if you’re charged with DWI in New York City or on Long Island, obtain legal help and call an experienced Long Island DWI attorney as quickly as you can.

Should You Flee?

Running from the law never helps, and running makes it tough for a lawyer to help you. If you are arrested for DWI on Long Island or in any of the five boroughs – now or in the future – don’t try to run. The smarter strategy is fighting the charge with the help of an experienced Long Island DWI lawyer. An arrest does not mean that you will be convicted, and a good DWI attorney can help. After an arrest for DWI, put your case immediately in the hands of an experienced Long Island DWI attorney, don’t run from the law, and follow your attorney’s recommendations.

If you are arrested for DWI on Long Island or anywhere in the five boroughs, remember that an arrest does not necessarily mean a conviction. A good New York DWI attorney has a number of ways to defend you. If you are charged with DWI – now or in the future – speak with an experienced Long Island DWI defense lawyer, and make the call immediately.

By |Blog, dwi|Comments Off on If You Are Stopped For Suspicion of DWI

DWI Is Different For Teens

Handing over the car keys to your teenager can produce a lot of anxiety for any parent, and there are good reasons why. For example, according to a study published online in the journal Pediatrics, many teens are so vulnerable to peer pressure that they may even choose to drink and drive solely because their friends have done so in the past. Moreover, the earlier and more often a young person is exposed to drunk driving – as a passenger – the more likely that teen is to practice the same behavior in the future. If your teenager is arrested for DWI on Long Island or anywhere in the New York City area, get the legal help you need right away and consult an experienced Long Island DWI defense attorney.

Approximately 2,500 teens participated in the Pediatrics study. Researchers continued to follow the young people until they completed high school. They discovered that riding as a passenger with an impaired driver tends to “normalize” the experience for teens; it suggests to teens that impaired driving is “really” common and acceptable.

What Can Parents Do?

According to Mothers Against Drunk Driving, traffic accidents are the number one cause of death in the U.S. for young people between the ages of 15 to 25; alcohol is a factor in 50 percent of those fatal crashes.

If you are a parent of teens or pre-teens, it’s absolutely imperative to set the best possible example regarding driving. You should never allow your teen to think that underage drinking and driving is acceptable. If you have had a drink, never get behind the wheel. Remember, teens will follow your lead, so be careful of the example that you are setting.

It’s equally important to maintain a continuing dialogue about driving safely at all times. Keep an open and honest line of communication open with your teens. Let them know that if they do make the bad decision to drink, then they can always call you for a ride. They should never feel like the only option they have is to get into a car and drive home, or get into a car with someone else who has been drinking. Although there should be consequences if they choose to drink underage, they should still know that you’ll be there when you need them.

You should also openly discuss the consequences of underage drinking and driving. Many teens feel invincible, so it’s important for parents to help them understand that the consequences are very real, and sometimes even fatal.

Underage DWI Consequences

A minor charged with DWI in the state of New York can lose his or her driving privilege and encounter some real barriers to employment and higher education. If your teen is arrested in New York City or anywhere on Long Island for underage DWI, you can do something about it. Arrange at once to speak with an experienced Long Island DWI defense attorney. New York has a “zero tolerance” approach to underage drinking, so a minor does not have to be “over the limit” to be charged with DWI. Any underage driver who tests at 0.02 percent – a barely measurable trace of alcohol – can be charged with underage DWI.

Upon a conviction, the penalties for underage DWI can include jail time, a fine as high as $1,000, and the use of an ignition interlock device once the driving privilege has been restored.

A conviction can also stay on your juvenile’s record indefinitely. Although minors are eligible to have their records sealed after all conditions of the sentencing have been met, the judge looks at each petition on a case-by-case basis. What does that mean? There are no guarantees that your teen will be able to seal his or her DWI record. If it cannot be sealed, future employers, schools and landlords can easily access it and let it affect their hiring or admission decisions. Not to mention that even the public can view these records, leading to embarrassment and shame for years to come.

Hire A Long Island DWI Attorney

If you are the parent, it’s imperative to put an experienced Long Island DWI defense attorney on your child’s case as early as possible. After a full consideration of the facts, a defense strategy can be developed. However, if a teen’s intoxicated driving caused property damage, injuries, or fatalities, the case is going to be far more serious and complicated, and the need for experienced, knowledgeable legal counsel becomes even greater.

Make sure that your teen exercises his or her right to remain silent. There is no reason to answer law enforcement’s questions without the presence of an attorney.

The primary job of police officers, aside from maintaining order, is to gather facts and collect statements when alleged crimes are reported – no more, no less.  In the performance of a police investigation to gather facts and statements, police officers may have to decide whether or not to take a person to jail for processing and arraignment (a formal reading of charges to be pursued), but they make this decision based on the facts and statements provided, not on their own legal analysis. Anything that your teen says can be misconstrued and held against them in court, so it’s always recommended to stay silent until you have a lawyer present.

Teens should know that they should never admit to having a few drinks, even if they have failed the sobriety test. There are plenty of reasons why someone can fail a test besides that person being drunk, so this should not be considered an automatic conviction.

Drivers under age 21 account for fewer than ten percent New York’s licensed drivers, but underage drivers are involved in 14 percent of the DWI-related fatalities in the state. Underage drinkers who drive are also responsible for approximately 2,000 non-fatal accidents every year in New York. If your teenager is charged with DWI in New York, understand that an arrest is not automatically a conviction. Let an experienced Long Island DWI defense attorney fight for the best possible resolution to your teenager’s DWI case, and make the call immediately.

By |Blog, dwi|Comments Off on DWI Is Different For Teens

Commercial Drivers Must Use Extra Caution

 

Think about the number of commercial vehicles on the streets in and around New York City. Buses, 18-wheelers, delivery vans, taxis, limos, and all other kinds of commercial vehicles roll on New York’s streets and highways 24 hours a day. Most commercial drivers in the state of New York must possess a Commercial Driver’s License, and those who hold that license are held to a higher standard when it comes to drunk driving. If you are a commercial driver and you are charged with DUI on Long Island or anywhere in or near New York City, speak at once with an experienced, Long Island-based New York DWI lawyer.

For commercial drivers, the “legal” blood alcohol content (BAC) limit is 0.04 percent rather than the usual 0.08 percent. The punishments are also more severe. A commercial driver’s first DWI (or DWAI, driving while ability-impaired) conviction in New York results in a license revocation of at least a year. If the vehicle carried hazardous materials, the license revocation period is three years. A commercial driver’s second DUI or DWAI conviction means a permanent license revocation, although a waiver can be applied for after ten years; a third conviction means a permanent, lifetime revocation with no waiver.

Another reason why all drivers–including commercial drivers–should be more careful? A number of law enforcement agencies across the country will soon begin using body-mounted cameras – “body-cams” – and some police departments are already using the miniature cameras. How might these body cameras affect DWI cases? Body cameras would offer immediate, first-hand evidence in DUI cases. If a police officer claims that a suspect’s speech was slurred or that a suspect’s eyes were bloodshot, a body camera can confirm that those charges are true or prove that they’re not. Many law enforcement agencies in the state of New York already use dash-cameras, but when officers administer field sobriety tests to DWI suspects, it’s usually out of the dash-cam’s range. Body cameras will literally show us how well or poorly defendants have performed on the field sobriety examinations. If you’re charged with DUI on Long Island or in the city, you’ll need to get legal help at once from an experienced Long Island DWI defense attorney.

Of course, if you are a commercial driver accused of DWI now or in the future, your concerns are more immediate because your job is at stake. Commercial drivers, more than anyone else in New York, must avoid drinking before or while they’re driving. Nevertheless, if you face a DWI or DWAI charge, and if there’s a way to have your charge reduced or dismissed, a good DWI lawyer will find it. If your case goes to a trial, the right attorney attorney will present the strongest possible defense and bring your case to its best possible conclusion. In the Long Island or New York City area, if you’re a commercial driver charged with DWI, call an experienced, Long Island-based New York DWI lawyer immediately for the legal help you will very much need.

By |dwi|Comments Off on Commercial Drivers Must Use Extra Caution

Teens, Drinking, And Graduation Night

Spring is always welcome in New York, and warmer weather is only one reason why. Young people welcome spring because it’s time to begin planning for graduation parties and prom night. Graduation may be a “rite of passage” into adulthood, but prom nights and graduation parties nevertheless need plenty of adult supervision. Without that supervision, a special night dedicated to fun could be costly, injurious, or even fatal if someone decides to drive while intoxicated. If your teen is charged with DWI on Long Island or anywhere in New York City, get legal help immediately and contact an experienced Long Island DWI lawyer. Parents should also take some proactive measures to ensure a safe graduation night.

According to the New York Times, every year since 2001, Suffolk County has recorded more alcohol-related traffic accidents than any other county in New York, and more people have died in those crashes during that time than anywhere else in the state. In some years, Nassau County has been second in both categories.

To avoid tragedy on graduation night, be a proactive parent and get involved. Be absolutely certain – whether the gathering is at your residence or elsewhere – that any party your teen attends is an alcohol-free party. As a host, you could be held legally responsible if a teen leaves your party while intoxicated and causes injuries or property damage. Ask some other parents to help you; if you have more than a dozen or so teens, they’ll be difficult for only one or two adults to supervise. If your teen is charged on Long Island or anywhere in the greater New York City area with driving while intoxicated – DWI – fight the charge and contact an experienced Long Island DWI lawyer as quickly as possible. An experienced DWI attorney can review your case, suggest your best defense strategy, and fight aggressively for justice on your behalf.

Your aim on graduation night is to keep everyone safe by stopping any intoxicated driving before it happens. If the graduation party is at your home – or if you’re helping other parents – be on the alert for alcohol. In any group of teens, one or two will probably try to break the rules. Inspect backpacks, big purses, and any other package that could conceal alcohol. Don’t hesitate to call someone’s parents if you believe a teen is high on drugs or alcohol. Teens hate having their parents called, but what they hate even more is jail, the hospital, and the morgue. Teach kids that they if they do make the bad decision to drink, they should not get behind the wheel, no matter how inconvenient it may be to find alternative transportation. The risks of driving while intoxicated are simply far too high. Hopefully, safety and fun will predominate at your teen’s graduation party. If you need legal help for your teen – or for yourself – regarding a DWI charge on graduation night or any other time, speak with an experienced Long Island DWI lawyer as quickly as possible.

By |dwi|Comments Off on Teens, Drinking, And Graduation Night
        Contact Us Subscribe
 
Thank you for subscription!
 
Thank you! Your message has been submitted to us.