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New York DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for New York on
Q: Do I have to take a sobriety test if I'm stopped by a cop?
Andrew M. Stengel
Andrew M. Stengel
answered on Sep 8, 2016

If you mean field sobriety tests or coordination tests, then, no, you do not. Nor do you have to submit to a breath or blood tests, but the refusal will lead to an immediate suspension of your driver's license.

1 Answer | Asked in DUI / DWI for New York on
Q: If I refuse to take a breath test can I still get charged for a DUI?
Paul Stanko
Paul Stanko
answered on Sep 11, 2016

Absolutely! The State can still make a case with other evidence.

1 Answer | Asked in DUI / DWI for New York on
Q: I'm on probation for DUI - how do I get out of it early?
Paul Stanko
Paul Stanko
answered on Sep 18, 2016

Sometimes a court or probation officer will be agreeable to early discharge from probation if all fees are paid and all requirements are complied with, with no violations. If that is your situation, contact your probation officer and ask about early discharge from probation.

1 Answer | Asked in DUI / DWI for New York on
Q: My underage daughter got a DUI - do we have any recourse against the bar that sold her the drinks?
Paul Stanko
Paul Stanko
answered on Sep 18, 2016

You might, since she should have been carded and denied service. Contact a civil attorney concerning this.

1 Answer | Asked in DUI / DWI for New York on
Q: Is a reckless driving charge better than a DUI charge?
Paul Stanko
Paul Stanko
answered on Sep 11, 2016

Almost certainly.

2 Answers | Asked in DUI / DWI for New York on
Q: I feel like I was unfairly charged with a DUI. What are my options?
Peter N. Munsing
Peter N. Munsing
answered on Aug 21, 2016

Options, schmoptions, you only get to plead innocent or guilty.Contact an attorney who handles DUI cases in the county where you are being charged. That's how you fight appropriateness of charge.

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1 Answer | Asked in DUI / DWI and Juvenile Law for New York on
Q: What's the charges for underage drinking and driving?
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 27, 2017

You mean the punishment? It's a misdemeanor, and you can have your license suspended, be forced to pay a fine, and might even face jail time (especially if it's a 2nd offence). The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials,... View More

1 Answer | Asked in DUI / DWI for New York on
Q: Does a person with a DWI conviction be able to go out for a beer if one does not drive after.
Paul Stanko
Paul Stanko
answered on Sep 18, 2016

Is he on probation? Most probation terms include abstaining from alcohol and staying out of bars. If he is not on probation, and is legal drinking age, then drinking responsibly should not be an issue.

1 Answer | Asked in DUI / DWI for New York on
Q: I was denied driver license from Albany do to DWI's is there anything that can be done?

I sent my $50.00 in to Albany months ago and the answer I got was Denied do to the number of DWI's I have had in the past, and dose this apply in all states and can they do this to me?

Paul Stanko
Paul Stanko
answered on Sep 18, 2016

Every state determines its own licensing requirements. Contact an attorney familiar with DWI and NY licensing requirements. You may want to get a complete driving record before your appointment.

1 Answer | Asked in Criminal Law, DUI / DWI, Civil Rights and Constitutional Law for New York on
Q: If a judge reads a person their miranda rights would that indicate they are not neutral and detached? MORE IN DETAILS

I was convicted of DWI in August of 2012 in the Watkins Glen village court in N.Y. state. Absent any legal remedies to seal or expunge my conviction I have been looking for procedural errors in my case in order to file a 440 motion and vacate the charge. In my arraignment the judge actually read me... View More

Paul Stanko
Paul Stanko
answered on Sep 18, 2016

You should have a lawyer handling this. There is no problem with a judge advising you of your rights---in fact that is required at an arraignment. Miranda warnings are not even required absent custodial interrogation. Were you interrogated while in custody?

1 Answer | Asked in DUI / DWI and Criminal Law for New York on
Q: Permissible to be magistrated 30 mins after being in custody for DWI

In the scenario where one gets a DWI and gets arrested and put before a judge / magistrate within 30 mins of being in custody without going to the drunk tank to have time to sober up. Clearly sitting before the judge obviously appearing to be severely intoxicated, which would effect the judges... View More

Paul Stanko
Paul Stanko
answered on Sep 18, 2016

Your attorney could ask that the judge recuse himself because he is a potential witness.

1 Answer | Asked in DUI / DWI for New York on
Q: I've gotten 3 dwi's in a 12 year period. I've lost my license for 6 years. I completed probation over 2 years ago.

When can I get my license back? I live in upstate New York. I satisfactorily completed probation and head and ignition interlock on my car for 1 1/2 years. Just isn't my probation was ending my probation officer said that a new law just started saying that you will lose your license. When... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 30, 2017

Read the most recent related court order. It should answer your questions. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA,... View More

1 Answer | Asked in DUI / DWI for New York on
Q: DUI 16 years ago

I was pulled over for a DUI in early 2000 In Concord, NC. After blowing only .06 at the station. Even after blowing only .06 at the station. I never finished the court process. I was doing time in Virginia for another DUI. I have been very active in recovery since. Who do I call and what... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 1, 2017

Contact a NC lawyer. The best first step is an Initial Consultation with an Attorney. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

1 Answer | Asked in Insurance Bad Faith, Insurance Defense, Car Accidents and DUI / DWI for New York on
Q: Got a dwai in 2015, completed assessment & DDP but my insurance just doubled plus 3 points in April 2016. Why?

Arrested in 2014 for adwi, got dropped to dwai traffic violation. Took DDP course and assessment in 2015. Insurance just recently doubled plus added 3 points april 2016 when I thought that wouldn't happen due to completed request of court and payments up to date. I have certificate of... View More

Jonathan Damashek
Jonathan Damashek
answered on May 6, 2016

The insurance company is just finding out about your violation.

1 Answer | Asked in DUI / DWI for New York on
Q: I HAVE A DUI FROM 2006 NASSAU COUNTY NY NOT REALIZING WHAT I PLED TO PASSED SOBRIETY TEST NO BREATHALYZER GIVEN WOULD

HAVE PASSED FOUND PIECE OF CRACK WRAPPED IN TISSUE IN CUP HOLDER WAS NOT MY CAR CHARGED WITH DUI AFFECTING MY RELICENSING WITH NEW LAWS CAN THIS BE REVISITED AND REDUCED

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 3, 2017

The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts,... View More

1 Answer | Asked in DUI / DWI for New York on
Q: i was found guilty of DWI in a district court. i appealed to superior court. What do i do now?

i sent two notice to the prosecutor trying to handle this on a private level; no response. in court the prosecutor waved my notice to the judge like it held no merit; i had no understanding of what was going on in that court; the judge entered a not guilty plea on my behalf and proceeded with... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 3, 2017

It sounds like you're lost. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of... View More

1 Answer | Asked in DUI / DWI for New York on
Q: I was charged with DWI in New york but i already have a DWI conviction in New Jersey. Does this mean it's a felony?

IN NJ DWI is considered a traffic violation and i'm worried this NY incident will be trumped up to a felony if they count NJ as misdemeanor instead of a violation.

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 4, 2017

See: https://dmv.ny.gov/tickets/penalties-alcohol-or-drug-related-violations

The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice...
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1 Answer | Asked in Criminal Law and DUI / DWI for New York on
Q: Can a car that is not mine be forfeited if I was charged with a DWI in NY?
Michael Arbeit
Michael Arbeit
answered on Apr 20, 2016

The owner of the car has what is called an "innocent owner" defense. The owner should contact an attorney if the authorities are failing to return the vehicle.

1 Answer | Asked in DUI / DWI for New York on
Q: I had a owi in iowa 5 years ago but it was deferred and had my license suspended for 6 months. I now live in New York

And I was wondering if I could get my license here in New York

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 4, 2017

It depends on the status of that IA case. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following... View More

1 Answer | Asked in DUI / DWI for New York on
Q: My relative (really) was in a rollover accident last summer (2015). He was alone and ended up in a corn field.

The fire co. extracted him. A sheriff went to the hospital where he was admitted. He took a breath test there and also a blood test. The sheriff said he would be back to talk with him, but never gave him a card or his name. My relative had some alcohol in his blood but thought he would be in... View More

David Alan Wolf
PREMIUM
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answered on Dec 6, 2015

You should discuss this matter with a New York criminal defense attorney. If your relative cannot afford an attorney, he may qualify for the services of a public defender. It may be worth it to contact a private criminal defense attorney for even a consultation to discuss the case and potential... View More

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