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answered on Apr 30, 2011
If the second DWI charge is within 10 years of the first, then yes, you will be charged with a felony, and the case must be decided in the County Court. If the second DWI is more than 10 years after the first, you would be charged with a misdemeanor and the case can remain in the local Court
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answered on Apr 30, 2011
The refusal hearing will be conducted within 2 weeks of your arraignment on the DWI charge. You will receive a hearing notice from the judge as to the time and date of the hearing, which is held at the Department of Motor Vehicles.
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answered on Apr 30, 2011
Any chemical test, including a breathalyzer, blood or urine, must be performed within 2 hours of your arrest or it can be challenged in Court on that basis.
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answered on Apr 30, 2011
Your commercial license will be revoked for 18 months if you are found guilty at the refusal hearing conducted at the Department of Motor Vehicles.
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answered on Apr 29, 2011
You can obtain a conditional driver's license if you are eligible to take, and complete, the "Drinking Driver Program." If you have taken the DDP within, the last 5 years, or if you have had another DWI conviction within the last 5 years, you would not be eligible to take the... View More 
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answered on Apr 28, 2011
You can be charged with an aggravated DWI if your BAC is 0.18% or greater.
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answered on Apr 26, 2011
Generally speaking, if you are convicted of or plead guilty to a DWI, you will be paying fines of about $500.00 and a New York State DMV surcharge of $400.00. However, there are may other costs that are not assessed by the Court, including for the Drinking Driver Program, the Victim Impact Panel,... View More
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answered on Apr 25, 2011
Yes, it is very likely that he will be sentenced to probation. The likely period of probation, as long as there was no accident and solely one prior DWI charge, is 3 years.
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answered on Apr 25, 2011
In order to start a car with an ignition interlock device in the vehicle, you must blow into the device to start the car, and the device must not detect any alcohol on your breath. (It is a good idea not to use Listerine as a mouthwash during the period that you have the IID in your car as this... View More
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answered on Apr 25, 2011
If you had a DWI reduced to a DWAI previously, the only possible way you could have another DWAI with your present charges is if the D.A. cannot prove beyond a reasonable doubt that your blood alcohol concentration in this case was .08% or above. If your BAC is between a .05% and a .07%, you can... View More
I recently got a DWI and was told that I will have to take the DDP after the case is concluded.
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answered on Apr 25, 2011
The DDP is the "drinking driver program". This is a seven week course sponsored by the NYS Department of Motor Vehicles which all drivers convicted of any DWI charge must complete in order to be eligible for a conditional driver's license (to drive to and from work and school, for... View More
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answered on Apr 23, 2011
A conditional; discharge means that there are certain requirements, or conditions, which you must meet over the course of one year to satisfy the sentence. In a DWI case, generally these requirements are that you attend and complete the DDP (Drinking Driver Program), attend a Victim Impact Panel... View More
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answered on Apr 20, 2011
Yes. Under New York's Leandra's Law, which went fully into effect last year, if you are convicted or plead guilty to a DWI, aggravated DWI or felony DWI, you are required as part of your sentence to install an ignition interlock device in your vehicle for one year. You will not be able... View More
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answered on Apr 20, 2011
If you have had no prior DWI charges or charges for refusing to take a chemical test, your commercial license will be revoked for a minimum of one year, and there are no exceptions to this rule, even if the DWI was reduced to a DWAI (driving while ability impaired). On a second conviction or plea... View More
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answered on Jan 31, 2011
Generally speaking, on a misdemeanor DWI conviction, you will be required to install the ignition interlock device in your vehicle and maintain the device in the vehicle for one year.
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answered on Jan 10, 2011
If the person is being charged with a DWI, the officer is entitled to question the driver as to the circumstances of the charge, as long as the officer had probable cause to stop the vehicle to begin with. For example, if the officer stopped the vehicle due to speeding, an unsafe lane change, or... View More
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answered on Dec 23, 2010
Generally speaking, if you do not have any prior DWI convictions, you will be facing fines and surcharges of approximately $900.00, a revocation of your driver's license for at least 6 months (although you may be eligible to obtain a "conditional license" to drive for limited... View More
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answered on Dec 21, 2010
Yes, a DWI charge in New York is a misdemeanor. Depending on whether you have prior DWI's (If you have a prior DWI, there is no possibility of pleading this to a lower charge), and what your BAC (blood alcohol concentration) is, it may be possible to get the charge reduced to a DWAI (Driving... View More
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answered on Dec 20, 2010
In order to start your vehicle, you are required to blow into a device which measures your alcohol. If you do not have alcohol free breath, the vehicle will not start. You are then required to take the test again within a few minutes. If you pass the test, the car will start but you will be... View More
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answered on Dec 18, 2010
In New York, you can be charged with an aggravated DWI if your BAC(blood alcohol concentration) is a .18 or above.
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