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New York DUI / DWI Questions & Answers

1 Answer | Asked in DUI / DWI for New York on

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

Michael D. Litman answered on Feb 16, 2018

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.

1 Answer | Asked in DUI / DWI for New York on

Q: I got a DUI combo in NY on Memorial Day weekend. I know my license will be suspended. But how much probation will I get?

Michael D. Litman answered on Feb 13, 2018

It depends on the circumstances of the case. If you have no prior DWI related offenses, you may be able to get a reduction of the charge and no probation. You need to speak with an attorney about the specifics of your case in order for them to advise you about what could happen.

1 Answer | Asked in DUI / DWI for New York on

Q: I had a dui in around 2000 and i have never had license,i finally payed my fines and got my license in 2017,will that

Dui show up on my drivers record?

Samuel C. Breslin answered on Jan 24, 2018

Short answer: Yes.

All DWI's will show up on a record, but there is a difference between the record you can pick up for a few bucks at the DMV or online, versus a "lifetime record" that DMV, and even many police departments, will look at.

1 Answer | Asked in Criminal Law, Domestic Violence and DUI / DWI for New York on

Q: was on probation for a dwi got arrested for a domestic criminal mistif in 4th degree so that violated my probation

Michael D. Litman answered on Nov 16, 2017

Any new arrest can violate probation, regardless of the outcome of the case.

1 Answer | Asked in DUI / DWI for New York on

Q: Should I answer yes or no to this question

Have you been found guilty after trial, or pleaded guilty, no contest or nolo contendere to a crime (felony or misdemeanor) in any court?

in 2007 i was arrested and charged with DWI in NY and dropped to DWAI

Michael D. Litman answered on Nov 14, 2017

If the charge was reduced to a DWAI violation (VTL section 1192.1), that is not a criminal conviction. So if you plead guilty to the violation, you can answer no to that question.

1 Answer | Asked in DUI / DWI for New York on

Q: What should I do to get the smallest penalty for my first DUI?

Michael D. Litman answered on Nov 3, 2017

Hire an attorney that knows how to handle DWI cases. Then discuss the details of the case with that attorney so he or she can advise you about the possibility of a reduction of the charge, or if it may be a good case to take to trial to try for an acquittal.

1 Answer | Asked in DUI / DWI for New York on

Q: Do DUIs also include instances where you've ingested an illegal substance and get into an accident, or are they just for

alcohol-related offenses?

Lee A. Koch answered on Oct 19, 2017

Yes. PL 1192.4 is for driving while on other types of drugs (marijuana, ecstasy, etc).

1 Answer | Asked in DUI / DWI for New York on

Q: Do I have to do all 20 hours of alcohol classes what is the. minimum I've done community service

Lee A. Koch answered on Oct 4, 2017

You have to comply with everything the court has ordered, or your attorney can ask the judge to alleviate a condition if it is related to some sort of hardship.

1 Answer | Asked in DUI / DWI for New York on

Q: Will I be able to get student loans for a first time DUI?

I got a DUI back in August 2016 because I was driving high and got stopped at a checkpoint. Will this prevent me from getting student loans?

Lee A. Koch answered on Oct 4, 2017

If you are convicted of PL 1192.4 and/or another subsection that involves drugs, if you were receiving student aid during the time of the crime or conviction, you will be prevented from getting federal student aid. You definitely need to hire a good defense attorney to handle the case, as your... Read more »

1 Answer | Asked in DUI / DWI for New York on

Q: What happens if someone gets a dwi and then two weeks later gets a dwai with Leandra's Law?

Also, she clearly did not learn her lesson because she has a prior dwi from four years ago.

William Head answered on Aug 20, 2017

Contact a well-qualified DWI attorney in New York. Serious consequences will occur, if one or both of these cases are not favorably resolved.

Bob Baska. He can handle or refer you out, to an attorney closer to your court location.

www.baskalaw.com

315-399-0696

1 Answer | Asked in DUI / DWI for New York on

Q: Is the penalty worse if I'm convicted of a DUI and am not old enough to get my drivers license?

Aubrey Claudius Galloway answered on Aug 18, 2017

Theoretically, although if you are under 16 your attorney should argue that you should NOT be tried as an adult. Generally, we are able to get these sort of cases dismissed in contemplation of dismissal on a "Youthful Offender" (YO) status. This should be brought to the courts attention at the... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for New York on

Q: In ny a friend was charged with dwi BAC .08 or more & criminal possession of a weapon 4th degree. Will he escape prison?

This was his first dwi in new york state.He damaged a sign and some plants. He had an unregistered semi automatic handgun. Is it possible he will just get probation and not jail? Do concurrent crimes affect weapons charges?

William Head answered on Aug 17, 2017

This case is too complex to GUESS at an outcome, because the particular court, judge and this person's prior record will all play a role.

Call this NY criminal defense attorney, and get his help, or a local DWI lawyer referral.

Bob Baska 315-399-0696

baskalaw.com...
Read more »

1 Answer | Asked in DUI / DWI for New York on

Q: If I'm pulled over for drunk driving, can I insist on speaking with an attorney before I take any breath or blood tests?

Aubrey Claudius Galloway answered on Aug 9, 2017

Yes, but it is very uncommon for a defendant in this state to do so, especially with all the officers yelling and being ass#0l*s.

You should talk to an attorney now though, immediately. If I were handling the case, depending on the nature of the stuff I would demand a probable cause hearing...
Read more »

1 Answer | Asked in DUI / DWI for New York on

Q: pulled over by a different county officer passed sobriety tests,15mins was given DWAI for my own meds different county!

He was a security guard wanna be cop egged the sheriffs on heard him say put her in chains as I wasn't going fast enough for him he scared me! Afraid to bring him home because of my teenage son. I am charged with a DWA I for my OWN medication for ADHD! I heard there was a double jeopardy if you... Read more »

William Head answered on Aug 4, 2017

Do not think that you cannot be charged. You ARE charged.

Get a public defender or a private attorney. DWI-drugs CAN be prosecuted.

Call this gentleman, who once worked for me: http://www.baskalaw.com/ 315-399-0696.

Bob Baska can either handle, or refer you out to a NY DWI...
Read more »

1 Answer | Asked in DUI / DWI for New York on

Q: What are some of the penalties a court can hand down for a DUI-caused accident where no one got hurt?

William Head answered on Aug 3, 2017

Jail time, fines, community service, loss of driving privileges, a permanent criminal record, probation.

Is that enough? Here is a full list that I created:

http://www.drunkdrivingdefense.com/dui-penalties/97-consequences-of-a-dui-conviction/

1 Answer | Asked in DUI / DWI for New York on

Q: Can I be held responsible for my underrage son drinking and driving if he's pulled over by police and charged w/ a DUI?

Ali Shahrestani, Esq. answered on Jul 10, 2017

Did you sign a financial responsibility form when he applied for his permit? Are you paying his insurance for his car? Are you giving or buying him alcohol, or knowingly letting him drink and drive? More details are necessary to provide a professional analysis of your issue. The best first step is... Read more »

2 Answers | Asked in DUI / DWI for New York on

Q: I have had a DWAI misdemeanor conviction, a DWI conviction, and am facing a second DWI conviction within 25 years.

I have had a few speeding tickets and one failure to stop ticket but no other serious violations. Will I be eligible to have my license reinstated?

Ali Shahrestani, Esq. answered on Jun 20, 2017

Multiple convictions can result in loss of your license. More details are necessary to provide a professional analysis of your issue. 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/... Read more »

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1 Answer | Asked in DUI / DWI for New York on

Q: Can my employer fire me if I get a DUI? I was on medication that made me sleepy - how do I fight this?

Michael D. Litman answered on May 26, 2017

Depending on your work situation, your employer may be able to fire you for getting charged with a crime, and DWI is a crime. You need to fight your case to try to get the best possible disposition, so you don't have a criminal record.

1 Answer | Asked in DUI / DWI for New York on

Q: If a police officer stops me and asks if I've been drinking, do I have to answer?

Ali Shahrestani, Esq. answered on May 8, 2017

You do not have to answer what you have been drinking. You do have to provide your name and identification if requested. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my... Read more »

2 Answers | Asked in DUI / DWI for New York on

Q: Is it likely that a driver will have their license suspended after their first DUI offense?

Jonathan Bradford Ripps answered on Apr 28, 2017

Yes, it is very likely. A driver also faces a suspension at their arraignment, which is the first court appearance. This is called a pre-conviction suspension, and will apply if the BAC is .08% or higher. If there is a refusal, there will also be a suspension as well as a 1 year revocation as a... Read more »

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