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New York DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for New York on
Q: How long does the Drinking Driver Program go on for?
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answered on Jul 25, 2011

The program lasts 7 weeks and encompasses approximately 15 class hours.

1 Answer | Asked in DUI / DWI for New York on
Q: What is a 20 day order?
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answered on Jul 25, 2011

This is also known as a 20 day "stay". In a DWI case in which there has not been a refusal, it "stays" the proceedings for 20 days, and allows for a driver pleading guilty to a DWI charge to begin driving with a conditional license (to and from work, day care, doctor's... View More

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Q: Is there any way to plead a DWI charge to a non drinking and driving offense?
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answered on Jul 23, 2011

Unfortunately not. The best case scenario on a plea from a DWI charge woudl be to a DWAI, which is driving while ability impaired. A DWAI is a traffic infraction, not a crime.

1 Answer | Asked in DUI / DWI for New York on
Q: Am I eligible to take the Drinking Driver Program if I last took it 4 years ago?
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answered on Jul 22, 2011

No. You may only take the DDP once every 5 years. However, even though you are not eligible to take the DDP and thus not eligible to obtain your conditional license, the judge in your case may still order you to attend DDP without being able to get the conditional license.

1 Answer | Asked in DUI / DWI for New York on
Q: What is the VIP Panel?
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answered on Jul 22, 2011

The VIP Panel is the Victim Impact Panel. This is a class that is sponsored by MADD (Mothers Against Drunk Driving) and is ordered by the Court in many counties as part of a sentence on a DWI or other drunk driving charge.

1 Answer | Asked in DUI / DWI for New York on
Q: How long will my DWI case take? I really need to get my license back as soon as possible.
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answered on Jul 22, 2011

That depends on several factors, including whether this was your first DWI, whether there was an accident involved, what your BAC (blood alcohol concentration) was, and whether you are eligible for a plea to a reduced charge, among other factors. If this is your first DWI, there was no accident,... View More

1 Answer | Asked in DUI / DWI for New York on
Q: If the officer doesn't show for the refusal hearing, will the judge still proceed with the hearing?
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answered on Jul 29, 2011

If the officer does not appear for the first scheduled hearing, it will be adjourned by the Judge. If the officer does not appear the second time, the judge will proceed with the hearing utilizing the police report and report of refusal as evidence of the alleged refusal.

1 Answer | Asked in DUI / DWI for New York on
Q: What is the legal limit for DWI in New York?
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answered on Jul 22, 2011

The BAC or blood alcohol concentration for DWI in New York is 0.08%.

1 Answer | Asked in DUI / DWI for New York on
Q: If the police officer does not show up for my refusal hearing, do I win?
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answered on Jul 22, 2011

No. The judge will adjourn the hearing and you will be notified of the new date by the Department of Motor Vehicles. However, he will reinstate your driver's license if it has been suspended.

1 Answer | Asked in DUI / DWI for New York on
Q: Will my hardship hearing be held the same day as my arraignment?
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answered on Jul 22, 2011

The hardship hearing will be held the same day as your arraignment or within 3 days thereof by statute.

1 Answer | Asked in DUI / DWI for New York on
Q: I am a salesman and need my license to work. Can I get a hardship license--I've been charged with DWI.
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answered on Jul 21, 2011

That will be difficult to obtain. Generally, a hardship license is only good for travel between home and place of employment, not from point a to b to c, etc. My opinion is that you will not be able to get a hardship license and will have to try to get a conditional license at the conclusion of... View More

1 Answer | Asked in DUI / DWI for New York on
Q: Will the judge render a decision at the Refusal Hearing, or issue a decision at a later date?
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answered on Jul 21, 2011

The decision is made at the conclusion of the hearing.

1 Answer | Asked in DUI / DWI for New York on
Q: Who testifies at a Refusal Hearing?
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answered on Jul 21, 2011

There is testimony by the Officer who conducted the DWI arrest and claims that the driver refused the breathalyzer. Depending on the strength or lack thereof of that testimony, the attorney for the driver makes a decision whether his client should testify or not. Frequently, for my own clients, I... View More

1 Answer | Asked in DUI / DWI for New York on
Q: I have a commercial driver's license and got charged with DWI. Can I get a conditional license?
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answered on Jul 21, 2011

If you are eligible for a conditional license, it would only be for non-commercial use. There is no conditional license for a CDL holder, and your commercial privileges will be revoked for at least one year.

1 Answer | Asked in DUI / DWI for New York on
Q: If I get a hardship license, where will that entitle me to drive?
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answered on Jul 21, 2011

The hardship privilege will only entitle you to drive to and from work and only during the hours listed on the hardship license document.

1 Answer | Asked in DUI / DWI for New York on
Q: If I get sentenced to probation for my DWI, how long will the probation be for--this is my first charge.
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answered on Jul 21, 2011

If you do get a sentence of probation on your DWI plea or conviction, it will be for 3 years if this is your first DWI charge.

1 Answer | Asked in DUI / DWI for New York on
Q: I had a DWI reduced to a DWAI many years ago. I got another DWI the other day. Can I get the DWI reduced to DWAI again?
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answered on Jul 21, 2011

No, once you have gotten a plea reduction to DWAI, you can never get that reduction in the future if charged with a DWI again.

1 Answer | Asked in DUI / DWI for New York on
Q: Is there a time that the cops within which to do a breathalyzer?
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answered on Jul 21, 2011

The chemical test must be done within 2 hours of your DWI arrest.

1 Answer | Asked in DUI / DWI for New York on
Q: What section of law deals with DWI cases?
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answered on Jul 21, 2011

The most important sections will be found in Section 1192 of the Vehicle & Traffic Law of the State of New York, but the following sections through Section 1199 all relate to DWI cases, including refusals, penalties, treatment and procedures.

1 Answer | Asked in DUI / DWI for New York on
Q: What is the blood alcohol level for a Driving while ability impaired?
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answered on Jul 21, 2011

The blood alcohol concentration for a DWAI is between 0.05% and 0.07%.

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