More New York Drivers are Refusing the DWI Chemical Test
Yet another interesting trend that I have observed developing, which I view as being very dangerous, is the fact that an increasing number of people stopped for DWI are refusing to take the chemical breath test at the police station. Indeed, in the last month I have had four or five clients who did not consent to the test, and all of them are regretting their decision.
There used to be reasons why an attorney might say to a client, “It would behoove you to not take the breath test”—i.e., if the client was going to be charged...
Increasing BAC Levels
A trend evident to both judges and lawyers is a shift toward much higher blood alcohol content (BAC) levels in DWI cases. During my initial training on prosecuting alcohol related offense at the New York State Police Academy, we were told that a BAC of over 2.0 was considered rare, and that if the BAC was 3.0 or higher the subject would likely be unconscious or close to it. However, over the last five years I have observed that the BAC levels in DWI cases are climbing ever higher.
Indeed, there was a time when two or more years would pass before I would see a DWI...
Over the course of the past two decades I have observed a major shift in how juries view drivers who are charged with alcohol-related offenses. From the late 1980s through the early 2000s, the prevailing view of a DWI jury—whether it was a misdemeanor or a felony DWI jury—seemed to be, “There but for the grace of God go I.” Indeed, as I often explain to clients, a DWI is the one serious offense that impacts people from all walks of life. My DWI clients have included lawyers, judges, police officers, architects, engineers, and doctors.
However, over the last eight...
New York Vehicle and Traffic Law §1192 defines the the offense of DWI in two different sections:
2. Driving while intoxicated; per se. No person shall operate a motor vehicle while such person has .08 of one per centum or more by weight of alcohol in the person's blood as shown by chemical analysis of such person's blood, breath, urine or saliva, made pursuant to the provisions of VTL § 1194.
Subsection (2) allows the police and prosecution to charge a DWI based on a chemical test. All drivers in New York have given implied consent to the police to submit...
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New York Vehicle and Traffic Law § 1192 defines the the offense of Aggravated DWI as:
(a) Per se. No person shall operate a motor vehicle while such person has .18 of one per centum or more by weight of alcohol in such person's blood as shown by chemical analysis of such person's blood, breath, urine or saliva made pursuant to the provisions of section eleven hundred ninety-four of this article.
(b) With a child. No person shall operate a motor vehicle in violation of subdivision two, three, four or four-a of this section while a child who is fifteen years of age or less is a passenger in...
Any blood alcohol concentration equivalence measuring device which connects to a motor vehicle ignition system and prevents a motor vehicle from being started without first determining through a deep lung breath sample that the operator's equivalent breath alcohol level does not exceed the calibrated setting on the device as required by VTL section eleven hundred ninety-eight.
Ignition Interlock Devices prevent a car from starting without the driver first blowing into the device. Convictions for misdemeanor and felony DWI require drivers to install an interlock device. The...
New York Vehicle and Traffic Law §1192 defines the the offense of DWAI:
1. Driving while ability impaired. No person shall operate a motor vehicle while the person's ability to operate such motor vehicle is impaired by the consumption of alcohol.
“Arraignment” means the occasion upon which a defendant against whom an accusatory instrument has been filed appears before the court in which the criminal action is pending for the purpose of having such court acquire and exercise control over his person with respect to such accusatory instrument and of setting the course of further proceedings in the action. NY CPL § 1.20 (9).
The arraignment is generally the defendant's first appearance in court and when the defendant enters a plea, typically not guilty. The judge also determines whether the...
Florida will record points and convictions from New York as if the offense occurred in Florida. It is therefore important for Florida drivers to fight tickets as if they were back home.
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A Felony DWI charge will be filed as either a class D or E depending on the circumstances. Repeat offenders and defendants with a child in the car are at risk. Learn more