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

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

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

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

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

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

Earlier this morning, my sister has been arrested for DUI here in Mount Vernon, New York and we are getting ready to get her out of jail through bail. But we want to know first, is recognizance can also be applied in a DUI case?

Jesse

Mount Vernon, NY

After your sister’s DUI arrest in Mount Vernon, New York, she can be able to get out of jail after posting a bail. This is some form of a pledge to a court or property deposited in order to persuade the court to release your sister in jail. Your sister must understand that that she would have to return for trial or forfeit the bail and she can be considered guilty of the DUI charge if she fails to appear in court. In most DUI cases, bail money would be returned at the end of the trial, if all court appearances are made, whether the DUI suspect is found guilty or not.

Your sister is also possible to be released from jail through the “own-recognizance” law if no bail is set. Recognizance is employed usually to describe an obligation of record wherein your sister acknowledges (recognizes) that she owes a personal debt to the state. Your sister should avoid illegal activities and maintain close contact with the court. She may face jail or fines if any part of the agreement is violated.

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

Over a week and a half ago, I was charged with DUI here in Brooklyn, New York and I already decided to hire a lawyer. As a matter of fact, I have already talked to several of them. But why am I getting these letters from lawyers seeking to represent me. How did they attain the information that I have a DUI charge?

Becky

Brooklyn, NY

The US Supreme Court has a ruling that “commercial free speech” is protected under the First Amendment to the US Constitution. Your DUI arrest information is a public record and is available to any individual asking for it. Most law firms in Brooklyn, New York request the information and send a brochure to most people arrested for DUI. These brochures are approved by the New York Bar. The information on this brochure contains advice because some people would never find out how to file for a formal review and receive a business purpose license. Most people suspected for DUI receive a barrage of mass mailings and it becomes difficult for them to decide who they should hire to represent them.

The DUI lawyer that you will hire should impress you with his/her professionalism and knowledge and you should be comfortable discussing your case and concerns with the lawyer. If you are not comfortable when you meet with the DUI lawyer, it is not likely that the relationship will improve once you write the check to retain the lawyer. Many of DUI suspects are offended by this barrage of solicitations, especially since the majority of the letters focus on pleading guilty which is a resolution that should be rarely considered until all other viable options on the DUI case are explored.

Tags: DUI, DUI advice, DUI lawyer

I know that my car insurance will be greatly affected after my DUI arrest here in Staten Island, New York. Is there a chance that an insurance company never finds out about my charge and will a DUI lawyer help me in any way with my car insurance?

Garrison

Staten Island, NY

Yes, of course, a DUI lawyer would be able to help you with your car insurance after your DUI charge in Staten Island, New York. The most important step for you now is get help regarding the legal situation as well as professional advice pertaining to a car insurance situation. Most large insurance companies would turn down people who have been arrested for DUI. But there are still some car insurance companies who are willing to help higher risk clients. Some insurance companies, believe it or not, never find out about a DUI arrest or conviction and as many as a quarter of driving convictions never show up on motor vehicle records. This happens because a conviction has been erased or because of lack of shared information between courts and motor vehicle departments. An insurance company has three years to cancel your policy or raise your rates if they miss the conviction.

After your DUI arrest, a DUI lawyer can help you on your car insurance. A DUI lawyer can give you direction and offer advice that will aid you in your time of need. Remember that a DUI charge can be so frustrating. So act now and start your search for great car insurance in New York. You can actually start to get online rate quote from this site.

Tags: car insurance, drunk driving insurance, DUI lawyer, insurance, SR22 insurance

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