Reader’s Question:

A friend of mine told me that his DWI case here in Queens, New York is an aggravated DWI. What can be considered an aggravated DWI in the state of New York?

Mariz

Queens, NY

Your friend must have a high blood alcohol content (BAC) that’s why he was charged with aggravated DWI in Queens, New York. Back in 2006, the state of New York passed a new law establishing an Aggravated DWI offense and this applies when the BAC is found to be 0.18% or higher. This aggravated DWI offense carries stiffer penalties, higher fines and the driver’s license consequences are more severe.

The most significant impact of the new law perhaps concerns plea bargaining. It is very common for a lawyer to get a Driving While Ability Impaired (DWAI) violation deal for someone charged with a DWI. DWI charge is a misdemeanor which is a crime while DWAI is only a violation, and is not considered a crime in the state of New York. It would be nearly impossible to get a plea deal to the DWAI violation with the aggravated DWI charge. The only offer would be a reduction to a misdemeanor DWI, and thus a criminal record.

Tags: drunk driving laws, DWI, DWI lawyer, DWI trial

Reader’s Question:

I have heard several cases about DUI here in Syracuse, New York that made me eager to know important information about it. Question is, how does a police officer begin a DUI investigation in a traffic stop?
Homer

Syracuse, NY

Normally, a DUI traffic stop and investigation begins when the police officer asks the driver to pull over for an alleged traffic violation. Examples of these traffic violations would be running a stop sign, weaving, speeding or some sort of vehicle defect. The police officer would claim that when he gets face to face with the driver, he immediately notices “objective symptoms of intoxication.” The so-called “objective symptoms of intoxication” include watery and bloodshot eyes, slurred speech, an odor of alcoholic beverage on the driver’s breath and a flushed face. The driver would often admit to having consumed some alcohol that day or evening.

The officer would then tell the driver to step out of the vehicle and perform a series of field sobriety tests (FST’s). Unknown to most drivers pulled over for DUI, the FST’s are voluntary. So in case, you find yourself in a DUI investigation in Syracuse, New York, you could politely decline to perform the FST’s. The officer could also have the driver blow into a handheld machine which would give a preliminary estimate of the driver’s blood alcohol level.

Tags: blood alcohol, DUI, DUI arrest, DUI lawyer, field sobriety tests

Reader’s Question:

Is it true that an alcoholic drink would take long to leave the body for women? What is the explanation behind that and how is the blood alcohol content being measured? I need to know these things to be knowledgeable in case I get arrested for DUI in Southampton, New York.

Korina

Southampton, NY

I certainly hope you don’t get arrested for DUI in Southampton, New York and it’s nice to know you still believe that knowledge is power, huh? Yes, it’s true that a woman’s body would take long for the alcohol to leave. The reason behind this is that women usually have lower water in their body and have higher percent of body fat than men. The fatter the person is, the longer the alcohol stays in the system.

The alcohol is absorbed through the stomach so when a person eats, the alcohol is absorbed into the food and has to go on to the intestinal track for absorption. This would take longer for the alcohol to be absorbed and it would also depend on how much the person drinks and how much the person eats. A small amount could be absorbed through the stomach, but most alcohol is absorbed through the intestines where it enters the blood stream and travels to the brain. This is how the blood alcohol content (BAC) is calculated and unfortunately gets a lot of drivers thrown into jail for DUI. Alcohol suppresses the system and impairs judgment, vision, coordination and increases drowsiness so simply don’t drink and drive.

Tags: blood alcohol content, DUI, DUI arrest, DUI lawyer

Reader’s Question:

Hi, my name is Anne, I live in Utica, New York and my sister was recently charged here with DUI. She already posted bail and I just wonder, can her bail still be increased? What could happen to her if she fails to appear in court?

Anne

Utica, NY

After your sister has been released from jail for posting bail for her DUI charge in Utica, New York, the court in which the charge is pending may require her to give additional bail in an amount specified or to meet an additional condition upon a finding made in open court that she has failed to appear; or that additional facts have been presented that were not shown at the time of the original release order and the court could order her to commitment unless she gives such bail or meets such other conditions.

The court could issue a bench warrant for her apprehension and arrest her for the failure to appear upon the DUI charge, which would thus be a separate triable offense, separate and distinct from the original DUI charge. The appropriate agency would enter each bench warrant issued on a private surety-bonded felony case into the national warrant system or National Crime Information Center (NCIC).

Tags: bail bond, DUI, DUI lawyer, DUI trial

Reader’s Question:

I got arrested for DWI in Ramapo, New York after I failed the breath test. I was told that there are certain non-alcoholic compounds that can affect the breath test results. What are these compounds and how do they affect the breath test results in a DWI case?

Anthony

Ramapo, NY

As expected, breath testing machines have flaws in analyzing the breath of a person suspected for DWI. These machines are not very reliable and could be thoroughly attacked by a DWI defense lawyer who is fully aware of the weaknesses of these breath test machines. So you must educate yourself of the flaws of the breath test machines so that you can use it as defense on your DWI case in Ramapo, New York.

Aside from identifying ethanol or ethyl alcohol, DWI breath alcohol testing machines detect non-alcoholic compounds as well. These non-alcohol compounds are frequently mistaken for alcohol. Some of the compounds that are commonly mistaken for alcohol are toluene, acetonitrile, ethylene, isopropanol, diethyl ether and nitrous oxide. The occurrence of any of these non-alcoholic compounds in the DWI suspect’s lung tissue would likely cause false, or falsely high, blood alcohol content (BAC) reading. It has been found that people frequently ingest these kinds of compounds at work or in other environments where the chemicals are present.

Tags: blood alcohol content, breath test, DWI, DWI arrest, DWI lawyer

Reader’s Question:

It seems that police officers in Levittown, New York are conducting field sobriety tests on a driver whom he feels that is under the influence. Are all kinds of field sobriety tests considered as indicators of intoxication?

Dakota

Levittown, NY

There are two types of field sobriety tests that police officers in Levittown, New York ask a person suspected of DUI to do- standardized and non-standardized. There are three standardized tests that are recognized by the National Highway Transportation Safety Administration (NHTSA) and there are also non-standardized tests that are not recognized by the NHTSA but are still used by police officers. Some examples of non-standardized tests include the numbers backward test, finger-to-nose test, coin tricks, Rhomberg balance test, finger tap test, ABCs and hand pat test. These non-standardized tests are considered unreliable indicators of alcohol impairment.

If a driver is asked to do any of the non-standardized tests, it can be successfully challenged in court because these tests are not recognized as accurate indicators of intoxication. Although the non-standardized tests are also designed to measure physical and mental impairment from alcohol use, a lot of these signs could be traced to physical problems other than alcohol.

Tags: DUI, DUI arrest, DUI lawyer, field sobriety tests

Reader’s Question:

The law really confuses me and it made me even wonder more after my brother has been arrested for DUI here in Irondequoit, New York. What are the things that constitute a valid DUI arrest and what would be next stage following the arrest?

Blaze

Irondequoit, NY

The first stage of the DUI process is the arrest. So that the traffic stop would be valid, the stop must be supported by reasonable suspicion that a violation has been committed. The police officer should have a reasonable and articulable suspicion that a violation of the traffic laws has occurred in order to bring about a stop for DUI. Once a motorist has been stopped, the police officer should have a probable cause to believe the driver is intoxicated before they could make an arrest and conduct a breath test.

After your brother’s DUI arrest in Irondequoit, New York and if the Complaint is already filed, he would make his first appearance in court at Arraignment where he is informed of the charges against him. During the Arraignment, he is also informed of his rights under the law and enters a plea of guilty or not guilty. If he hires a DUI lawyer to represent him, the initial appearance could normally be waived. The arraignment could be “adjourned” by the DUI lawyer sending a letter of representation to the Court advising it that your brother is represented, were advised of his rights, and that he is entering a plea of not guilty.

Tags: drunk driving laws, DUI, DUI arrest, DUI lawyer

Reader’s Question:

I understand that there are gonna be two separate cases that I would have to face after being arrested for drunk driving in Clay, New York. What I don’t understand is why I should be charged two cases when I was only arrested once. Could you explain to me how come they would have to charge me two different cases?

Malik

Clay, NY

After your drunk driving arrest in Clay, New York, the two separate DUI charges you would have to face are being impaired while driving and the other one is having a blood alcohol content above the legal limit of 0.08%. In theory, if we would come to think of it, being legally intoxicated and being impaired require two different kinds of proof.

Regardless of the blood alcohol content, a person’s driving may be impaired if coordination and cognition have been substantially affected because of having alcohol in the system. One great example is administering the field sobriety tests. These tests, as many people claim, are meant to determine a person’s level of impairment. And on the other side of the spectrum, a person may be considered to have been legally intoxicated after the results of a chemical test of blood, breath or urine show a blood alcohol content above the legal limit.

Tags: drunk driving laws, DUI, DUI advice, DUI lawyer

Reader’s Question:

I know someone who was arrested for DUI here in Colonie, New York who did not call a lawyer when he was taken to the police station and he was told that it was the worst thing that he can do. If the same thing happens to me, do I have the right to a lawyer or a phone call when I’m taken to the station when arrested for DUI?

Aldin

Colonie, NY

You may, rather I would definitely say you should ask to see a DUI lawyer as soon as you arrive at the police station if you get arrested for DUI in Colonie, New York. Since you are already under arrest for DUI, anything you say might be used against you that is why you should not say anything without a lawyer present or booking at the jail. You have the legal right to make a phone call to a lawyer, bail bondsman and/or any relative or other person such as a friend.

The police should not listen to the call to your lawyer and any communications made to your lawyer. I strongly suggest that your call should be discrete and should be made in such a way that you cannot be overheard by any other person especially by a law enforcement officer. You should definitely pay attention to your surroundings when you are making the call and notice if the police or anyone else can overhear the conversation.

Tags: DUI, DUI advice, DUI arrest, DUI lawyer

Reader’s Question:

I was over the legal limit when I took the blood alcohol test after a DUI arrest here in Clarkstown, New York. How can we challenge the test results of my blood alcohol content?

Mack

Clarkstown, NY

There are several ways to challenge your blood alcohol test results after your DUI arrest in Clarkstown, New York. When properly investigated by a good DUI lawyer, he/she can question the blood alcohol test results and could provide a legal defense against the test results. The DUI lawyer can show that there was a problem with the machine and it could often be shown that the test results are not reliable and that errors and/or mistakes could have happened. Therefore, there could be a reasonable doubt that may exist to the accuracy of the test results in your DUI case.

Blood alcohol tests could also be challenged through the rising blood alcohol defense. You have to remember that the blood alcohol test is used to determine your blood alcohol content at the time of the driving and not after the driving. Also, it is generally difficult for the prosecution to prove that the testing equipment is infallible.

Tags: DUI, DUI advice, DUI arrest, DUI lawyer