New York DUI / DWI Questions & Answers

Q: What do I do about a dui conviction

1 Answer | Asked in DUI / DWI for New York on
Answered on Dec 11, 2018
Michael D. Litman's answer
I'm not sure what your question is. If you were convicted of a DWI, you should have had a lawyer representing you and advising you about the consequences of a guilty plea or conviction after trial. A criminal conviction goes on your record and stays on your record. If it has been over 10 years since your sentence is finished, you may be able to seal the conviction, but NY does not expunge criminal records. Speak to a local attorney to see if you qualify for sealing if it has been 10 years.

Q: Am I entitled as a Defendent a copy of my pre sentence report? I. Am pro se

1 Answer | Asked in DUI / DWI for New York on
Answered on Nov 20, 2018
Kristen Epifania's answer
You are entitled to a copy of your paperwork, whether you are a pro se defendant or if you are represented by an attorney.

Q: Facing a dwi felony in ny. I live in georgia. How likely is it they will extradite me

1 Answer | Asked in DUI / DWI for New York on
Answered on Oct 29, 2018
Michael Arbeit's answer
What county is the Felony DWI pending? It is quite likely that will be extradited on a pending felony charge.

Q: I am facing a dwi in ny. Montgomery county. I was in the process of moving to georgia. Will i be extradited back to ny

3 Answers | Asked in DUI / DWI and Traffic Tickets for New York on
Answered on Oct 14, 2018
Samuel C. Breslin's answer
You likely will not be extradited, however there will be a warrant issued, and if you’re stopped by police in any other state you could be arrested and held. If you don’t resolve the DWI, it is going to follow you around and create more problems than it’s worth. I recommend handling it sooner rather than later.

Q: I was refused entry to attend a V.I.P for a DWAI due to intoxication. I am to be re sentenced, Will it be a DWI again?

1 Answer | Asked in DUI / DWI for New York on
Answered on Oct 6, 2018
Michael Arbeit's answer
If you were already sentenced on the DWAI, that can not be vacated by the court. You could however be sentenced up to 15 days in jail because of an alleged violation of your conditional discharge. What county is this case in? Consider hiring a lawyer to try and keep you out of jail.

Q: What would the consequences be if I refused a Breathalyzer?

2 Answers | Asked in DUI / DWI for New York on
Answered on Sep 25, 2018
Michael D. Litman's answer
If you refuse to take a chemical test (breath, blood or urine), the DMV can revoke your license for one year. During that one year time period, you will not be able to get a conditional license unless you plea guilty or are found guilty of a DWI related offense. Additionally, your refusal may be used against you at trial as consciousness of guilt.

There are other issues specific to the facts of the case. If you have a pending case, you should speak to your attorney about how a refusal...

Q: Dui in NY state . already plead guilty .Is there anything we can do to lessen the charge to prevent a criminal records

2 Answers | Asked in DUI / DWI for New York on
Answered on Aug 15, 2018
Michael Arbeit's answer
If you have already plead guilty and have been sentenced, the matter is done. If the sentence was more than 10 years ago and you meet other criteria, you may be eligible to have this matter sealed pursuant to CPL 160.59.

Q: I received a 3 day suspension of my license while in Canada after a breathalyzer. How will this affect my NYS DL?

1 Answer | Asked in Traffic Tickets and DUI / DWI for New York on
Answered on Aug 6, 2018
Zev Goldstein's answer
Make sure you take care of the suspension in Canada, because you may remain suspended in NY indefinitely as long as the suspension in Canada is open.

Q: If you challenge a DUI will the arresting officer testify in your case?

2 Answers | Asked in DUI / DWI for New York on
Answered on Jul 27, 2018
Samuel C. Breslin's answer
If your case goes to hearings or trial the arresting officer will almost certainly testify. I hope this helps. Good luck

Q: If I was charged with a DWI 6 years ago as a minor and it is sealed, do I still need to install an ignition interlock?

1 Answer | Asked in DUI / DWI for New York on
Answered on Jul 23, 2018
Michael Charles Cimasi's answer
It really depends what your licensure status has been for the past six years. In order to get any useful answer, you are going to need to speak with an attorney after he or she has reviewed your paperwork and licensure status. If an interlock period is required, no appeal will be meritorious. Speak to your attorney about this.

Q: Can the cops legally search your car in a DUI stop?

1 Answer | Asked in DUI / DWI for New York on
Answered on Jul 13, 2018
Michael Charles Cimasi's answer
At a DWI stop, most jurisdictions have the defendant’s vehicle towed or impounded. Police will often perform searches and claim they are for “inventory” purposes (so no one can claim items were lost/stolen at impound), or for “officer safety” (to ensure no weapons or dangerous materials are in the vehicle). Also, if probable cause for another crime presents (e.g. smell of marijuana), police may execute a search for the drugs. All of these searches are controlled by the Fourth...

Q: Likelihood of jail time for first time DWI (1.52) offender with vehicular assault with serious injury to victim?

1 Answer | Asked in Car Accidents, Criminal Law and DUI / DWI for New York on
Answered on May 20, 2018
Jonathan Avner Rosenberg's answer
No lawyer - no matter how much they want your money - can tell you the likelihood of jail on a criminal case, with the exception of some especially serious felony charges that appear to be supported by strong evidence. So, for example, a lawyer could guarantee a high likelihood of jail time in the following hypothetical: If you're charged in Manhattan with some felony version of vehicular assault where the victim's serious injury results in indefinite unconsciousness, the evidence against you...

Q: does a New York notice form 710.30 always have a time printed beside "Time of test" in section 6. Chemical Test Info

1 Answer | Asked in DUI / DWI for New York on
Answered on May 20, 2018
Michael Charles Cimasi's answer
It is likely the time that you refused the chemical test (breathslyzer, urine test, or blood test).

Q: Do I have to show up to court for DWI charge if I hire an attorney

2 Answers | Asked in DUI / DWI for New York on
Answered on Apr 20, 2018
Michael Varble's answer
Your attorney can have you sign an affidavit authorizing the attorney to appear on your behalf and authorizing you to enter a plea. The attorney just has to specify what the charge is that he is authorized to enter a plea to on your behalf. It happens all the time.

Best of luck with it.

Q: Is my lawyer really representing the cop because he is friends with the department ?

1 Answer | Asked in Criminal Law, DUI / DWI and Legal Malpractice for New York on
Answered on Apr 14, 2018
Susan Chana Lask's answer
Police Officers can call the officer who is listed on the PBA card. So I do not see anything wrong with the officer who stopped your wife with calling the brother in law.

Next, it cannot be said whether or not the lawyer is representing the other side just because he is friends with the police. That is a loaded question that is impossible to answer. The lawyer is representing your wife. However, if you do not trust him then you should find a lawyer whom you trust. Not having faith...

Q: Do you have to go to rehab if you get a DUI?

1 Answer | Asked in DUI / DWI for New York on
Answered on Apr 12, 2018
Michael Charles Cimasi's answer
An OASAS (Office of Alcohol & Substance Abuse Services) assessment is required through a DMV certified provider, and the judge may mandate the Drinking Driver Program. If the OASAS determines some type of counseling is required, a judge may mandate that care as part of a conditional discharge. There are many permutations of counseling and clinical intervention that can stem from a DWI conviction, but “rehab”, as in in-patient, is not strictly required under any statute. You should speak...

Q: What happens if a cab driver is pulled over for drunk driving?

1 Answer | Asked in DUI / DWI for New York on
Answered on Mar 30, 2018
Michael Charles Cimasi's answer
To drive a taxi/livery in NY, the DMV requires an A, B CDL, C CDL, or E license. An alcohol-related driving conviction will prevent you from holding these types of license for a longer period of time and no conditional licenses are available under these license categories.

Q: If I had To do the dui 9 step heel-toe test and I failed how do the officers know Im dui or if I have bad balance

1 Answer | Asked in DUI / DWI for New York on
Answered on Mar 28, 2018
Michael Charles Cimasi's answer
The field sobriety tests should not be able to individually prove beyond a reasonable doubt that a person is intoxicated, because other explanations can be reasonably posited for all of the behaviors the tests ascribe to intoxication. And that is normally how a defense attorney cross examines the arresting officer on the field tests. In their totality, however, along with other indicia of intoxication (e.g. smell of alcohol, erratic driving, admissions, time/location of the stop, breathalyzer...

Q: If I'm pulled over by a cop, am I legally required to submit to a field sobriety test?

2 Answers | Asked in DUI / DWI for New York on
Answered on Mar 13, 2018
Michael D. Litman's answer
You are not legally required to submit to anything. You can refuse all tests. But that refusal can be used against you at trial and in plea bargaining. Additionally, your drivers license may be revoked if you refuse to take a chemical test (test of your breath, blood or urine).

Q: How is it that someone can get a dui if their BAC is below the limit?

1 Answer | Asked in DUI / DWI for New York on
Answered on Feb 16, 2018
Michael D. Litman's answer
It is hard to say without knowing what the BAC is. If the BAC is between .05 and .079, the driver can be charged with driving while ability impaired, a violation. If the BAC is above that it is a DWI. You need to discuss the matter directly with an attorney to see about the specifics of your case.

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