DWI arrests in New York will trigger two separate cases for those accused of driving while impaired. The first is the DWI case in criminal court; the second is the DMV case, where the New York DMV is empowered to suspend the driving privileges of those accused of DWI or DWAI (driving while abilities are impaired by alcohol).
New York DWI cases can be brought under one of two theories: either violation of the DWI "per se"law (which is based only on alcohol level, not driving impairment) , or under a traditional "common law" theory (where the prosecution must prove that the driver is intoxicated) . Intoxication, for the purpose of Vehicle and Traffic Laws, is a condition where the motorist lacks the necessary physical and mental skills to operate a motor vehicle as a reasonable and prudent driver. New York DWI arrests based on the common law theory do not require any measurement of BAC ; they may be based entirely on the opinion of the arresting officer.
DWI cases can be "aggravated" (with harsher punishment) where the BAC is .15 or more, where there is a traffic accident, refusal to take the chemical test, or any other attempt to evade police or flee the scene of a DWI accident.
New York DWI law is unique, in that it gives all motorists a qualified right to consult with a DWI lawyer before deciding whether to take or refuse the chemical test. (It is "qualified" because those arrested have a right to call and obtain advice from a DWI lawyer, but the police do not have to wait for that lawyer to show up.) New York DWI Lawyer Estelle Roond knows how important your quick access to a DWI lawyer is and she is waiting for your call. It is critical to consult with a qualified New York DWI attorney before deciding this issue, since taking or refusing the test is an important and complicated decision following a drunk driving arrest.
Driving under the influence of alcohol is a crime in New York City that creates serious consequences for people who are accused. A New York City DWI can range from serious to complex and have various penalties depending on your circumstances. Those with multiple DUI offenses may face long term state prison sentences. Getting a New York City DWI poses several life-changing consequences for those who are convicted. If you are convicted of DWI, you will have a criminal offense on your personal record, you may lose your driver's license , face a prison sentence, pay outrageous fines and fees, and have your insurance premiums increased or even cancelled . These penalties all depend on your specific DWI case.
In New York City, the DWI laws are stricter than ever before. They have implemented a law that allows police to seize the vehicles of accused drunken drivers. According to the New York City Police Commissioner, fatal accidents involving drunk drivers decreased 28 percent after the start of the program. New York City DWI info is available to all residents and visitors to inform them of the drinking and driving laws and how it could affect an individual if they were to be arrested for DWI . There are serious consequences to face, which may include jail time. It is important to pay attention to New York City DWI info especially if you are visiting, and plan on drinking.
Dealing with a New York City DWI on your own may not be as beneficial as using a professional and experienced New York City DWI Attorney . The DWI Law Office of Estelle Roond has had years of experience and is qualified to defend your DWI case . Her strategies and tactics may be enough to prove your innocence.
There is no cost or obligation for a consultation with NY DWI Attorney Estelle Roond.
For immediate assistance, call 718-596-4800. You can e-mail Estelle@dwilawyer.com,
or click here for our Free DWI Consultation Form to submit to our office.
