Reader’s Question:

I’m doing a little research about DWI cases because a friend of mine was arrested for DWI here in Hamburg, New York. In order to prove his innocence, I’m focusing now on how the breath test result can be attacked. Could you help me and tell me how me the breath test can be proved to be inaccurate?

Callista

Hamburg, NY

One of the ways on how a breath test result can be proved to be inaccurate is to know how fast your friend’s body eliminates the alcohol. Each one of us has different metabolism but the breath test machine assumes that each one of us is the same. In other words, an individual whose body gets rid of alcohol slower would have higher blood alcohol content than someone with a faster metabolism, even if they both have the same amount of alcohol to drink. The breath test assumes that the individual is “post absorptive.” That means that the breath test assumes that the individual is no longer absorbing alcohol into the blood.

If your friend has a slow metabolism, he might still be absorbing alcohol by the time he took the test when he was arrested for DWI in Hamburg, New York. And if so, the breath test would read his blood alcohol content as significantly higher than it actually is. If he knows or suspects that he has a slower than average metabolism, he may actually argue that his metabolism skewed the result of the breath test.

Tags: breath test, DWI, DWI advice, DWI arrest, DWI lawyer

Reader’s Question:

Why is it necessary for me to hire a DWI lawyer after my DWI charge here in Cheektowaga, New York? Isn’t that I can just represent myself in court?

Zane

Cheektowaga, NY

Consequences and penalties of DWI include loss of license, fines, vehicular immobilization, increase rate of insurance fees, community service, and even jail time. With the unique nature and complexity of New York DWI laws, it would be hard for you to represent yourself in your DWI case in Cheektowaga, New York. It would be best to get help from an expert and seek legal advice from a DWI criminal defense lawyer. The DWI lawyer would request for a plea in your behalf and study your DWI case to formulate the best possible plea and negotiation, so that you would not need to go to trial at all.

It is very important to hire a DWI lawyer who is experienced and knowledgeable in New York DWI Legislation because DWI laws could change over time. DWI laws are quite tricky and complex and it would be a lot easier for a lawyer who specializes in these laws to find a loophole and help you work your way out of the DWI case, or at least get you a good deal and have a reduced charge.

Tags: DUI, DUI advice, DUI lawyer

Reader’s Question:

My brother was charged with DWI here in New York and it seems that he is working with such a good DWI lawyer. I overheard one time that they will use as a defense that the police officer didn’t have probable cause to stop him during the arrest. What does it mean that the police officer didn’t have probable cause to arrest him?

Chloe

Greenburgh, NY

The Fourth Amendment to the US Constitution guards the people against unreasonable searches and seizures. This amendment specifies judicially sanctioned search should be supported by probable cause. In a New York DWI arrest, despite having what appears like “ironclad” evidence, prosecutors cannot obtain a conviction if the initial arrest was made without probable cause.

The probable cause standard means that in order to pull a motorist over, the police officer must have a reasonable belief that the driver is driving while intoxicated. A good DWI defense lawyer will question the presence of probable cause in court. In order for an officer to make a DWI stop, the driver must be swerving erratically while driving, stopping abruptly for no reason, drifting between lanes, making excessively wide turns or driving at extremely high or low speeds.

If the police officer cannot present solid justification that he had a good reason to pull someone over, the violation of the Constitutional rights immediately voids any evidence against the person resulting from the arrest, and the case is likely to be dismissed.

Tags: DUI, DWI lawyer

Reader’s Question:

I have not been caught drunk driving but I know a lot of people who have been arrested and charged with DWI here in New York. If ever I will be in the same situation, what are the things that I should do?

Ben

Brookhaven, NY

For someone who drinks and drive, you have to be aware that chances of being pulled over by the police are very high. Police officers are cracking down on drinking and driving and would use any lawful justification to pull you over in order to probe further if you are driving while impaired.

If you will be caught drunk driving in New York, as with most people, your first tendency is to cooperate as much as possible with the police officer; and that is very good. Be polite and cooperate with the officer, such as by tendering your driver’s license and registration as well as your proof of insurance. However, the second tendency for those pulled over is to convince the officer that officer they are not impaired over the legal limit or convince the officer that they should not be arrested. Keep in mind that this is absolutely the worst thing you can do because of the evidence you will end up giving the police officer. Whatever the police officer asks you, don’t answer any of those questions. Let the police officer know that you are happy to cooperate with him, but you wish to maintain your right to remain silent and not self-incriminate yourself as governed by the Fifth Amendment.

Tags: DWI lawyer

Reader’s Question:

I have a DWI conviction here in New York. I was asked to file SR22 auto insurance so that I can get my license reinstated. What is an SR22 and why do I have to get it? How do I file for SR22?

Brent

Amherst, NY

An SR22 Filing is a form issued by your insurance company which will remove a suspension order placed by the Department of Motor Vehicles (DMV) on your driving privilege. The SR22 filing provides a guarantee to the New York DMV that an insurance company has issued at least minimum liability coverage for you and that your insurance company will notify the DMV should the insurance ever lapse for any reason.

The reason why you have to get or file for SR22 is because of your DWI conviction. People whose driver’s license is under suspension by the New York DMV need an SR22 to reinstate their license. You can call the DMV to ask them what other DMV fees are needed to reinstate your license. Usually, there’s a $55 reinstatement fee.

If your insurance company can issue the SR22 filing, this should not be a problem on your part in getting your license back. But if they don’t issue SR22 filing, you have to be in search of a new insurance company who would give you coverage and issue an SR22.

Tags: DWI lawyer, SR22 insurance

Reader’s Question:

It was very unfortunate for my sister to have been charged with DUI here in Manhattan, New York. She’s hesitant on hiring a DUI lawyer because they say that it is costly to hire one. Is it true that hiring a DUI lawyer can be expensive?

Kris

Manhattan, NY

Services of an expert and efficient DUI lawyer in Manhattan, New York may come at a price. It is often seen that many high profile DUI lawyers charge exorbitant fees for defending their clients on their DUI charges. Their years of experience and confidence of winning the case lead them to charge such high rates.

Most DUI lawyers agree to work on a contingency basis. If the contract is based on contingency, fee charges may be set at a prearranged percentage of whatever the compensation or claim amount might be. The defendant does not need to pay the attorney’s fees if claim is not refunded. Paying on contingency can enable people charged with DUI to hire the services of an expensive attorney even though they may not have enough financial resources available to pay for it.

A DUI lawyer could give your sister a good defense in fighting her charge. DUI lawyers are familiar with procedures for blood analysis, urine analysis and breath tests. The lawyer could be able to guide your sister through such procedures with minimum discomfort. By having the services of an experienced DUI lawyer, even though it may be expensive, it can be all worth it in the end because it will give your sister a higher chance of getting the DUI charges reduced or better yet, having it dropped.

Reader’s Question:

I live in New York and I was arrested for the first time ever last weekend for DWI in New York. What do I have to do after a DWI arrest?

Larry

Albany, New York

Thanks Larry for your question. Many people think that a DWI arrest or drunk driving arrest in New York is just similar to a simple traffic citation. You’ll have to think again. A conviction for a drunk driving offense or a DWI arrest in New York will actually result in a significant criminal record, and can potentially result in hefty fines and possible jail time or term of probation.First, if a policeman suspects that you may be drunk, it is safer to remain silent to avoid any questions that may be asked. Some people feel guilty and start confessing, but if in fact you’re really drinking, it will be best not to admit it. This admission may be used as probable cause and lead to a DWI arrest. Usually, this maybe enough to charge you with a DWI offense even though you’re below the limit. Please keep in mind that you have legal rights stated in the Miranda rights, to remain silent and to be represented by a counsel.Not only you’ll be charged with a criminal offense, you will also have to face administrative penalties with New York DMW and fight for your license or maintain a restricted license so that you can still drive to work.

Most especially, you have to consult a skilled DWI defense attorney after a DWI arrest. The best way to know your rights, and to make sure they are protected, is to speak with an experienced lawyer who practices drunk driving defense law.

Reader’s Question:

My father was charged with aggravated DWI here in New York. What can be considered as an aggravated DWI and what are the penalties? Will he be able to have a plea bargain with this kind of offense?

Ryan

Babylon, NY

There are actually three levels of intoxication that an individual can be charged with DWI in New York State. Driving while ability impaired or DWAI is generally thought to be for a blood alcohol content (BAC) between 0.05 and 0.07 percent. This is not completely accurate because those BAC levels do not necessarily make a person guilty of DWAI.

Driving while intoxicated or DWI generally refers to a BAC of 0.08 to 0.17 percent. The state of New York also has a common law DWI offense that is not defined by the BAC. This is important in cases where the defendant refused to blow into the breathalyzer or where there was a problem with the machine.

In New York, an individual can be charged with an aggravated DWI offense if the BAC is over 0.18 percent. The range of fees is also different and higher than that of a normal DWI offense. I could be from $1000 to $2500. With assessments and other charges, it could go over $3000. The license revocation could last for one year.

An aggravated DWI charge affects plea bargaining. Lawyers could negotiate simple DWI charges down to a reduced charge of DWAI in most cases. Generally, this is still true for cases where the BAC is below 0.18 percent. But since your father was charged with aggravated DWI, it is now almost impossible to negotiate the charge down to anything less than DWI.

Reader’s Question:

I have just been recently charged with DWI here in New York. I am contemplating on whether or not I will seek help from a DWI lawyer or not. There are a lot of questions that need to be answered before I even hire one. Do I really need a DWI lawyer and do I have to come to court for trial?

Warren

Buffalo, NY

If you are planning to plead guilty to the DWI charge or if you want to try to negotiate for yourself, you do not need a New York DWI lawyer. But keep in mind though that in many courts a good DWI lawyer will get you a better deal than you will get for yourself. Also, an experienced DWI lawyer knows the ins and outs of these issues better than non-lawyers and better than most regular lawyers. He/she may be able to spot weaknesses in the prosecution case against you.

Usually, some out-of-state or out-of-area clients may not have to come to Court if a DWI lawyer appears for you. New York DWI defendants have to come to Court other than that. The judge will want to make sure you understand what you have to do and you will have to surrender your license. Many firms have represented clients from other states and distant parts of New York State without their clients appearing. So far, no one has refused to allow it even though many judges are uncomfortable with it. This may not work all the time so generally, you will have to appear in Court.

Reader’s Question:

I was charge of DWI and it looks like it is unfeasible to win, why must I trouble with a New York DWI Attorney?

Frank

Brentwood, New York

The prosecution of New York has legitimate basis to take into custody. These are weak performance on a field sobriety test, and implicating chemical test result. In times similar to this, you may think about like your remorse is apparent, and that retribution would be well be worthy of. If you remain with this kind of approach, you will chuck yourself on the sympathy of the prosecution and the judge during trial. You will not know whether your ruling is reasonable, just or not until it is too late. Without a forceful New York DWI lawyer, the prosecution’s facts will appear even more incriminating than it truly is and the conclusion of the court might ruin your life.

If this is your initial drunk driving misdemeanor, you should do the lot possible to stay away from the second. The punishments are brutally augmented, with the likelihood of grave fines and extensive jail time. The bottom line is this; you have the whole thing to gain from a trained Brentwood DWI defense. New York DWI cases are amazingly complex and the prosecuting proof is always less than perfect. With a trained DWI attorney, even the most incriminating cases can have their penalties reduced considerably.