Koplen Law Firm

Specializing in bankruptcy, family law, criminal defense, foreclosure, and more.

ROCKLAND COUNTY OFFICE

14 SOUTH MAIN ST
SUITES 4 & 5
NEW CITY , NY 10956

(845) 623-7070

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Specializing in foreclosure, bankruptcy, family law, personal injury and more.

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DWI Law Summary

If you’re facing a NY DWI charge don’t make the mistake of trying to represent yourself or worse just pleading guilty. DWI defense is a complex part of the law and requires a skilled attorney who has represented clients in similar situations. You want to speak with those attorneys who handle only DWI cases – a specialist.

It is important to know what the law says about DWI. The following are the New York State drug and alcohol related charges that can result in criminal and/or administrative penalties against the accused:

DWI:Driving While Intoxicated; .08 BAC (meaning “Blood Alcohol Content”) or higher, and/or other evidence of intoxication.

Aggravated DWI:.18 BAC or higher.

DWAI:Driving While Ability Impaired by Alcohol; .06 BAC to .07 BAC, and/or other evidence of impairment by alcohol.

DWAI:Drug: Driving While Ability Impaired by the Use of a Drug (i.e., that is not alcohol).

DWAI:Alcohol/Drugs: Driving While Ability Impaired by the Combined Influence of Drugs or Alcohol and Drugs.

Zero Tolerance Law:The motorist is under 21 years old and possesses a BAC of .02 to .07.

DWI Chemical Test Refusal:A motorist who refuses to submit to a chemical test (normally a test of breath, blood, or urine) will suffer a revocation of his or her driver’s license for at least one year, and will have to pay a civil penalty of at least $500 to the Department of Motor Vehicles.

BWI:Boating While Intoxicated; .08 or higher, and/or other evidence of intoxication.

BWAI:Boating While Ability Impaired by Alcohol; .06 BAC to .07 BAC, and/or other evidence of impairment by alcohol.

BWAI-Drug:Â Boating While Ability Impaired by the Use of a Drug (i.e., that is not alcohol).

BWI Chemical Test Refusal:A boater who refuses to submit to a chemical test (normally a test of breath or blood) will suffer a revocation of his or her boating privileges for at least six months, and will have to pay a civil penalty of at least $200.

Blood alcohol concentration is defined as the percentage of alcohol by weight contained in a person’s blood (measured either directly from a blood sample or indirectly from a breath sample). Keep in mind that the results your blood test may not match the breath test. Under some circumstances, one type of test will establish your innocence, while the other type of test will result in an accusation of intoxication.

Unfortunately, New York State law allows the police to choose which test to administer. Typically, the aggressive police officer will choose the test that he believes will most likely lead to a finding of intoxication. Remember, however, that the police do not have the legal power to force a motorist to take a certain test. Refusal is a legal option, though it results in other complications to a DWI charge.

Remember that following principle: conviction in New York State for DWI or DWAI based on the condition of the driver at the time he or she was operating the motor vehicle. But the “blood alcohol content” or “BAC” is usually measured not when the accused is driving, but anywhere from a few minutes to several hours after he or she was driving. This skews the results taken in field sobriety tests because human physiology dictates that the drinker must first absorb alcohol in the stomach before he or she feels any effects from the alcohol. For some people, the effects of alcohol are felt much later than the time of actual drinking. The readings produced by a BAC test therefore may not be accurate and may not reflect the actual condition of the driver at the time he or she operated the vehicle.

In the most common example, a person is stopped by police after leaving a bar or party. The person driving has had a few drinks, but is not at all intoxicated because his or her body had not yet absorbed the alcohol. This is basic human physiology and the police know this. So, they take the time to talk with the driver – the friendly “chit chat” routine – and then transport the driver to the police station, where he or she sits around some more as the clock ticks away. Only after this passage of time do the police administer the sobriety tests. The BAC test, in other words, is purposefully delayed by the police in order to allow your system to fully absorb the alcohol you consumed, resulting in a much higher reading than would have been taken at the time of the stop itself. These, and other tricks, are well known to the police. If this, or something like this has happened to you, you should retain knowledgeable DWI attorneys who can bring these police tricks to the attention of the court and the accusing officers themselves. Knowledge is your best defense, so hire attorneys who are knowledgeable and experienced in the shadow world of DWI police work.

If you, a friend, or a loved has been accused of DWI or any of the other charges described above, contact the Koplen Law Firm immediately: 845-623-7070. We will help you make the right decisions for your case, the first time.