Get free answers to your DUI / DWI legal questions from lawyers in your area.
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answered on Jul 16, 2011
Yes, under the case of People v. Gursey, as long as you have the name of an attorney who you wish to consult with, and have the number handy (you cannot unnecessarily delay the process), you have an absolute right to consult with counsel to determine if you should take the breathalyzer or not.
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answered on Jul 16, 2011
The three main "standardized" Field Sobriety Tests are the Horizontal Gaze Nystagmus (HGN), which tests the fluttering of the eyes while following a light or a pen; the walk and turn, in which the driver is asked to walk 9 steps heel to toe and then return on a straight line without... View More 
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answered on Jul 14, 2011
I am not sure I understand your question. If you are asking what a DWI is, it can either be a misdemeanor or a felony, depending on whether this was the first charge (misdemeanor under 1192 (2) or (3) of the Vehicle & Traffic Law) or if it's the second charge, a class E Felony. Also, if... View More
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answered on Jul 9, 2011
There is a initial fee to sign up of $75.00 and then the program should cost you $225.00. You do have to pay the $225.00 fee when you start--there is no payment plan.
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answered on Jul 8, 2011
Your license will be suspended for 90 days on a DWAI. You are then eligible to be reinstated to your complete driving privileges if you complete any Court ordered requirements including the Drinker Driver Program.
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answered on Jul 5, 2011
Yes, but the penalties for being convicted of a DWI with a commercial license are much more substantial than for a DWI with a non-commercial license. For example, if you have a commercial license, even though you may be able to obtain a conditional license, if you are convicted or plead guilty to... View More
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answered on Jul 3, 2011
Most likely not, especially if you were convicted or pled guilty to the first DWI. If that is the scenario, you cannot get a conditional license because you are not eligible to take the drinking driver program, which is the "condition" necessary to allow you to obtain a conditional... View More
I just got a DWI and must drive to get to work or I will lose my job.
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answered on Jul 3, 2011
The most significant difference is that a hardship license, if granted, will be issued while you are fighting the DWI charges, whereas the conditional license is issued after the DWI case is finished by way of verdict or plea. Further, to obtain a conditional license, which is broader than a... View More
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answered on Jul 3, 2011
The minimum fine for a DWI in New York is $500.00.
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answered on Jun 1, 2011
By law, the ignition interlock device must remain in your vehicle for at least 6 months on a misdemeanor DWI. (It would definitely be longer if you were convicted or pled guilty to a felony DWI) Generally speaking, many judges are ordering that the device remain in the vehicle for at least one year... View More
I have terrible balance to begin with and even if I had nothing to drink, I am sure I would have failed them, especially walking the straight line and standing on one leg.
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answered on May 25, 2011
It is not illegal to refuse to perform Standardized Field Sobriety Tests (SFST) and hopefully you explained to the officer your issues with balance. However, if the DWI case proceeds to trial, your refusal to take the field tests can be introduced to the jury as some evidence of guilt and it would... View More
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answered on May 23, 2011
The Zero Tolerance Law is a statute directed at drivers under the age of 21. If the driver is stopped for DWI, and has a blood alcohol concentration between .02% and .07% (DWI is at .08%), this is a violation of the Zero Tolerance Law, and leads to fines totalling $225.00 (fine $125.00 plus... View More
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answered on May 23, 2011
If you have a non commercial license, and it is the first refusal, the fine is $500.00. If you have a commercial license, and it is the first refusal you were found guilty of, the fine is $550.00.
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answered on May 23, 2011
Yes, as long as you have not taken the Drinking Driver Program (DDP) within the last 5 years, you are eligible to take the program again.
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answered on May 15, 2011
Yes, you can refuse to take field sobriety tests such as the "walk and turn", one leg stand and Horizontal gaze nystagmus tests. However, if the case goes to trial, the district attorney's office can introduce your refusal to take the tests into evidence on the basis of... View More
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answered on May 15, 2011
If you are convicted of a DWI, in general, the fine will be $500.00 with a New York State surcharge of $400.00. However, there are other costs you will incur, including charges to install and maintain an ignition interlock device in your car for a minimum of 6 months, the fees to attend the... View More
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answered on May 15, 2011
Yes, when you are convicted or plead guilty to any charge involving drinking and driving in New York, you must pay a $750.00 "driver's Responsibility Assessment" to the DMV. It can be paid all at once or in three annual installments of $250.00. If you fail to pay the assessment,... View More
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answered on May 9, 2011
No. DWAI or driving while ability impaired is a traffic infraction and is the only drinking offense that is not a crime under the Vehicle and Traffic Law, as all other drunk driving offenses are either misdemeanors or felonies.
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answered on May 3, 2011
You will lose your commercial license for 18 months on a first time refusal of a chemical test.
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answered on May 1, 2011
The BAC (blood alcohol concentration) for a DWAI charge is between a 0.05% and 0.07%.
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