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:

Hi. I just got my driver’s license recently. I had a couple of drinks since I came from a friend’s party and was stopped for DWI in Amherst, New York. I really can’t believe this would cost me my license. How is this possible if this is only my first time?

Jennifer

Amherst, NY

For your reference, DWI, or “driving while intoxicated,” refers to a BAC of 0.08 to 0.17. New York has a “common law” regarding DWI offense which is not defined by the BAC. This is basically important in cases where the defendant refused to take the breathalyzer test or if there’s a problem with the machine. The basis will be the arresting officer’s testimony about the defendant’s behavior (staggering, slurred speech, etc.). The DWI fine ranges from $500 to $1000, with total costs potentially approaching $2000. The driver’s license is revoked for six months, but the defendant can take the DDP to get a conditional license. Then the driver has to reapply for a license.

In the state of New York, first-time DWI offenders are faced with potential fines and surcharges exceeding $3000, license suspension or revocation, and different other consequences. Though jail time is rare on a first offense, it can still happen. Recently, the maximum fine for a first-time DWI offender was $1000 and an “Aggravated DWI” offense was added when the blood-alcohol content (BAC) is over 0.18.

There are different consequences to fighting a DWI case in New York. First, the driver is usually suspended while the case is proceeding (if the BAC is 0.08 or above) and offenders can’t operate a motor vehicle until they get a conditional license normally 30 days after the start of suspension - and the 30 days don’t count against any later suspension. Second, the fee for an attorney for the process is much higher than for making a deal.

Tags: drunk driving laws, DWI advice, DWI arrest, DWI lawyer

Reader’s Question:

I know that it would take some time before I can obtain cheap car insurance after my DWI conviction here in Oyster Bay, New York. Could you give me some tips that can help me return my insurance rates to a lower price after my DWI?

Larry

Oyster Bay, NY

Since you have been convicted for DWI in Oyster Bay, New York, the biggest tip to lower you insurance rates is to make sure that you satisfy any requirements that are set upon you by the court system and this could be a wide range of things. You may need to enrol in Alcoholics Anonymous or enrol and complete a defensive driving program. You may be ordered by the judge to complete a drug or alcohol rehabilitation course if the charges are serious enough. This is very much crucial as it shows your willingness to admit a mistake and learn from it.

The most important thing you can do when talking to agents or brokers when you are looking for car insurance after your DWI is to be completely honest. This is because part of the process taken by car insurance companies is to run a background check and review your driving history as an assessment for risk. They will find out about your driving history if you are not honest with the car insurance company. Being honest with them can save you from embarrassment and it shows your willingness to be open about your past driving issues. While some insurance companies will not insure drivers with a DWI on their record, another good option is to let your current insurance carrier know about your DWI.

Tags: drunk driving insurance, DWI lawyer, insurance

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:

I know a friend who is a first time offender of DWI in Ney York, is there a big chance to fight a DWI case?

Denise

Albany, NY

That’s actually a frequent question I get Denise. I generally suggest that you fight a DWI case in New York, especially when there are certain apparent problems in the paperwork or chemical tests. When I say fight, it means that at least you go through the preliminary stages of fighting the case including a motion and a suppression hearing. Once that stage is over, you will have a much better idea at the chances of your trial, and your lawyer can almost always negotiate a good arrangement at that early stage.

However, there are certain consequences you have to face in fighting a DWI case. First of all, in the state of New York, the driver is usually suspended while there’s a pending case (if the BAC level is at 0.08 or above). Also, many drivers can’t drive until they get a conditional license until 30 days after their suspension starts, the 30 days don’t count against any later suspension. Second, the attorney fee for that process is substantially higher than making a deal.

Finally, many defendants feel guilty about their conduct (even when they’re actually innocent) and the fight can be somewhat traumatic especially since it’s a first time offense. However, the long-term consequence of having a DWI offense on your record is significant. In a sense this record never really goes away as it can affect your career, status in the military, and is particularly significant if you get charged with another DUI offense in the future.