Ogdensburg, NY asked in Criminal Law for New York

Q: Passed breathalyzer (of course,) failed field sobriety so officer charged me with dui based on that.

Related Topics:
3 Lawyer Answers
Peter Wade Kolp
Peter Wade Kolp
Answered
  • Criminal Law Lawyer
  • BROOKLYN, NY
  • Licensed in New York

A: Not sure the question but the officer could suspect another substance as a reason for the charge.

DWAI May Be a Less Serious Charge, but It Is Still a Violation.

In New York State, DWAI or Driving While Ability is Impaired tends to carry less severe penalties than a DWI or an Aggravated DWI conviction. A conviction to a DWAI is not a criminal conviction but instead a traffic violation. If you have been charged with a DWAI in New York, you need an experienced New York DWAI Lawyer represent you to protect your driving record and secure your future from a DWAI violation.

Because DWAI Is a Violation, There Are Substantial Consequences.

Driving While Impaired by a Drug (DWAI-Drug) fines range from $500 to $1,000, the maximum jail time is 1 year, and there will be a driver’s license suspension for at least six months. Additional penalties apply to second and third DWAI convictions. Although the penalties are less severe than a DWI, they can have a negative impact, such as markedly higher insurance rates and could impact your job or future employment opportunities.

Toshinori Isoai
Toshinori Isoai
Answered
  • Criminal Law Lawyer
  • New City, NY
  • Licensed in New York

A: More specific factual backgrounds will be necessary for a better answer.

Why were you pulled over in the first place? Speeding? A broken tail light? Was this done part of a traffic "checkpoint" stop by the police? Roadblocks? Did you have any prescription medication in your system or with you?

I strongly recommend that you retain a local counsel who knows the personality and culture of the local courts of your jurisdiction. Never lightly jump to the reduced charge that may be offered at an early stage of the case since the ramification will be most likely severe.

You may want to keep in mind that the State has the burden of proof, and you don't need to prove or disprove anything, and you are entitled to many kinds of information a/k/a "discovery".

Derek S. Andrews
Derek S. Andrews
PREMIUM
Answered
  • Criminal Law Lawyer
  • Albany, NY
  • Licensed in New York

A: There could be multiple innocent causes for failure of field sobriety tests, and there are grounds to attack the police officer’s performance of these tests. If you were charged with a crime, I would highly recommend you consult with an attorney experienced in DWI defense so you can protect your rights.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.