DWI

Effective November 6, 2024, significant changes were made to DMV rules that affect points, suspensions, and look back periods for numerous traffic violations. In particular, the changes affect repeat offenders and offenses involving alcohol, drugs, and driving with a suspended or revoked license. I will briefly summarize the key changes, and the reason why now Read on…

Quite often a situation arises where an out-of-state driver who is licensed in another jurisdiction is arrested and charged with Driving While Intoxicated (DWI) in New York State pursuant to Vehicle and Traffic Law (VTL) 1192.2 or 1192.3. The main difference in the outcome of the case (and during the pendency of the case) will Read on…

The question of whether a conviction of DWI can cause you to lose your job is largely a function of the nature of your work. Clearly there is a stronger likelihood that a career that involves transportation or the care and safety of others can jeopardize one’s job. But remember that there are jobs wherein Read on…

This situation occurs more than one might think. To be convicted of VTL 1192.2 (DWI based on BAC> .08) or VTL 1192.3 (DWI- common law), you do not necessarily have to be driving a motor vehicle. The statute states that one must be operating a motor vehicle. And there is a wide latitude given as Read on…

As serious as a charge of misdemeanor driving while intoxicated (DWI) pursuant to New York Vehicle and Traffic Law (VTL) 1192.2 can be, the consequences can be even direr if there was a motor vehicle accident involved. Depending upon the extent of injuries, the charge can be elevated to criminally negligent homicide or manslaughter if Read on…

If you are pulled over and subsequently arrested for suspicion of Driving While Intoxicated (DWI) or Driving Under the Influence of Drugs (DUI) in New York, it is very possible you will need an alcohol assessment evaluation which is known as an OASAS evaluation. This report is required if the defendant is going to plead Read on…

Vehicle and Traffic Law (VTL) 1192 is the controlling statute on the subject of driving while intoxicated (DWI), driving while ability impaired (DWAI), or Driving While Impaired By Drugs (DUI). The different sections of the statute speak to the issue of driver suspension or revocation of their license (or driving privilege if out-of-state) and the Read on…

Pursuant to the Nassau County Administrative Code §8-7.0(g), the County of Nassau is empowered to commence a civil action to obtain civil forfeiture of property which is employed as the instrumentality of a misdemeanor crime or petty offense committed within the County. To the extent that motor vehicles are employed to commit Driving While Intoxicated Read on…

As I often advise clients, if you are pulled over by a law enforcement official on suspicion of Driving While Intoxicated (DWI) or Driving While Impaired by Drugs (DUI), do not admit fault or liability, but be sure to be respectful to the officer. Having an attitude, belligerent or otherwise, will not help your cause. Read on…

Pursuant to the Nassau County Administrative Code §8-7.0(g), the County of Nassau is empowered to commence a civil action to obtain civil forfeiture of property which is employed as the instrumentality of a misdemeanor crime or petty offense committed within the County. To the extent that motor vehicles are employed to commit Driving While Intoxicated Read on…

As I often advise clients, if you are pulled over by a law enforcement official on suspicion of Driving While Intoxicated (DWI) or Driving While Impaired by Drugs (DUI), do not admit fault or liability, but be sure to be respectful to the officer. Having an attitude, belligerent or otherwise, will not help your cause. Read on…

There are three things a motorist should do if they are pulled over by a law enforcement official for suspicion of DWI in Merrick. For one, you should not admit any wrongdoing. Once detained and arrested, you must be read your Miranda Rights advising you of your Fifth Amendment rights against self-incrimination and that you Read on…

If you are pulled over and subsequently arrested for suspicion of Driving While Intoxicated (DWI) or Driving Under the Influence of Drugs (DUI) in New York, it is very possible you will need an alcohol assessment evaluation which is known as an OASAS evaluation. This report is required if the defendant is going to plead Read on…

When you are pulled over for suspicion of Driving While Intoxicated (DWI), there are some things you should remember that you are not legally required to do. With that said, you should be courteous to the law enforcement officer and not be belligerent or act in such a manner where you could put yourself in Read on…

If you are arrested on suspicion of Driving While Intoxicated (DWI), in particular in Nassau County, your vehicle may be seized at the scene at held during the pendency of the case for forfeiture. The basis in law for such a forfeiture stems from the Nassau County Administrative Code, which grants the authority to seize Read on…

When a motorist is pulled over by a New York law enforcement official on suspicion of Driving While Intoxicated (DWI) or Driving While Ability Impaired by Drugs (DUI), there are various factors that will determine whether a suspect will be detained overnight for arraignment the following morning, or in the alternative, issued a desk appearance Read on…

One of the most important things to remember if you are pulled over by a law enforcement official for any reason is to be compliant with instructions and not admit any wrongdoing. If you are combative or give the officer reason to believe that you are being non-cooperative, it will not serve any purpose and Read on…

This question is one of the most commonly asked questions for people who are arrested for Driving While Intoxicated (DWI) or Driving While Impaired by Drug (DUI). Once you are arrested for DWI and taken into custody, the police will read your refusal warnings and tell you the adverse consequences of refusing to take the Read on…

When considering the effects of DWI conviction on an out-of-state license, it is important to remember that thereare two states to consider. First, you must consider the effect on your New York driving privileges since that is the state where the DWI case takes place. Second, once New York DMV notifies your home state, there Read on…

If you are pulled over by a law enforcement officer for suspicion of DWI on Long Island (or any traffic violation for that matter), one of the most important things to do is to not make any oral admissions of fault, guilt or liability. This is one of the times when it is best to Read on…

If you are convicted of Driving While Intoxicated (DWI) or Driving Under the Influence of Drugs (DUI) for a second time within a period of 10 years, it is considered an E Felony. As a result, you face a maximum of four (4) years in prison, mandatory fines of up to $5,000 plus mandatory state Read on…

What is a conditional license? If your NYS driver’s license has been revoked or suspended because you are convicted for a DWI-related offense, the Department of Motor Vehicles may issue a “conditional license,” which gives you conditional driving privilege. The DMV will determine if you are eligible to attend an Impaired Driver Program or IDP, Read on…

Once you are arrested and taken into custody, the police will read you your Refusal Warnings and then ask you to blow into an intoxilyzer. Like the breathalyzer, this machine will read your BAC. There is the obvious question: Should one refuse to take the breathalyzer test and what are the consequences of a refusal? Read on…

Any alcohol or drug-related offense involving a motor vehicle is very serious and should not be taken lightly. Driving While Intoxicated is a crime (misdemeanor or felony depending on a variety of factors). In New York State, the penalties include the loss of driving privileges, fines, probation, and a possible jail sentence. Driving While Intoxicated Read on…