Lawyers, Answer Questions  & Get Points Log In
New York DUI / DWI Questions & Answers
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 C. Head
William C. Head pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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,
Ali Shahrestani,
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... View 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,
Ali Shahrestani,
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/... View More

View More Answers

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
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,
Ali Shahrestani,
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... View 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
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... View More

View More Answers

1 Answer | Asked in DUI / DWI for New York on
Q: I've been a U.S. Citizen since 1991 and I had a dui in 2007, Can I have a problem if I go on vacation out of country?

My case is closed and paid all my dues a long time ago.

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Apr 20, 2017

No you cannot… Based on the above Fax alone, you may travel as you please so long as you possess a United States passport.

Furthermore, if your 2007 DWI was aggravated, a repeat offense or for any other reason a felony as opposed to a misdemeanor, now that it is been 10 years you may...
View More

1 Answer | Asked in Criminal Law and DUI / DWI for New York on
Q: Driving on out of state suspended in NY /NJ

Charged but not convicted for DUI in Florida. Will i be able to drive in NY/NJ since no conviction and charges and trial are pending.

If not, what are the reactions? Can you get just a ticket or instant arrest and processing for Aggravated unlicensed in NY/NJ

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Apr 14, 2017

Technically New York should recognize the Florida ruling, however, there's a strong possibility that any officer pulling you over would not know about said charges against you in Florida… Especially as you have not been proven guilty beyond a reasonable doubt as of yet. That said, I would... View More

1 Answer | Asked in DUI / DWI for New York on
Q: Why am I considered guilty for a DUI with no breathalyser did blood work no results for 2 weeks... I had to pay $$$

Why am I guilty until proven innocent

Michael D. Litman
Michael D. Litman
answered on Apr 12, 2017

The system might seem like you are guilty until proven innocent, but that is not the way it is supposed to work. The police are likely saying that they saw evidence of intoxication or impairment. It is unfortunate that you had to spend money, but if a blood test was taken, and you don't have... View More

1 Answer | Asked in DUI / DWI for New York on
Q: I have been charged with a DWAI. Is this the same as a DUI?
Stephen Bilkis
PREMIUM
Stephen Bilkis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 8, 2017

No. A DWAI is considered a violation and is not a criminal offense. A DWI is a misdemeanor, which is a crime. Because it is a crime, it carries more serious legal consequences.

1 Answer | Asked in DUI / DWI for New York on
Q: Are DUIs from drugs like marijuana treated differently than alcohol-related offenses?
Andrew M. Stengel
Andrew M. Stengel
answered on Apr 5, 2017

The short answer is sort of. The punishment is similar but the evidence for alcohol and drugs is quite different. Generally speaking, it is easier to prove DWI, especially with a chemical test result, than DWAI by Drugs.

2 Answers | Asked in DUI / DWI for New York on
Q: What am I looking at if I get a notice that I failed to appear in court - I was pulled over for a DUI.
Ali Shahrestani,
Ali Shahrestani,
answered on Mar 24, 2017

That's a misdemeanor with a possible punishment including minimal jail time and/or a fine. But what are your defenses for the FTA? 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... View More

View More Answers

1 Answer | Asked in DUI / DWI for New York on
Q: I had a DUI in CA 9 years ago. I then moved abroad. I didn't revoke the suspension. How can I apply for a license in NY?

I used to live in CA and had a CA driver's license. I had a DUI 9 years ago. I moved abroad soon after the DUI, so I did not go to DUI school and never recovered the license. DUI school was not a court requisite, yet it is a CA DMV requisite for recovering the license. I fulfilled all court... View More

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Mar 16, 2017

I would first try just taking a five hour course, taking a written test for a lerners permit and then schedule your road test in New York without ever disclosing what happened before… New York DMV is such a bureaucracy and if there is almost no way they will find out, and as such, getting your... View More

1 Answer | Asked in DUI / DWI for New York on
Q: I just got stopped for a DWI and I am terrified. What punishment am I facing?
Stephen Bilkis
PREMIUM
Stephen Bilkis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 10, 2017

If you are convicted, you will face a 90 day license suspension, 15 days in jail and a fine of up to $500. I recommend that you speak to a lawyer prior to your court hearing.

1 Answer | Asked in DUI / DWI for New York on
Q: I have been charged with a DWI. If am convicted do I have to put a device on my car?
Stephen Bilkis
PREMIUM
Stephen Bilkis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 9, 2017

Yes. An Ignition Interlock Device is required for anyone who is convicted of a DWI in New York. The device must be installed for a period of 6 months in most cases.

1 Answer | Asked in DUI / DWI for New York on
Q: Are there any scenarios where I can refuse a breathalyzer test if a policeman has pulled me over, believing that I was

driving under the influence?

Andrew M. Stengel
Andrew M. Stengel
answered on Mar 4, 2017

Of course you can refuse. But there are consequences like a one-year license revocation and the refusal can be used at trial as consciousness of guilty. Whether or not to refuse is a complicated question that depends on the specific facts of each case.

2 Answers | Asked in DUI / DWI for New York on
Q: Will a judge revise the custody arrangements I have set up for my kids if I'm charged with a DUI?
William C. Head
William C. Head pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 16, 2017

This is a possibility. You need to speak with a domestic relations lawyer in NY, plus get a DWI attorney, to try to reduce or win your case. For the DWI lawyer, look at NCDD.com. For a top family law attorney, go to SuperLawyers.com, and put in "divorce" for your city or area in the State... View More

View More Answers

1 Answer | Asked in DUI / DWI for New York on
Q: Is it true that a high body temperature can make breathalyzer results inaccurate?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 8, 2017

There are many way to challenge such a test, and hiring an expert witness may be appropriate. 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,... View More

1 Answer | Asked in DUI / DWI for New York on
Q: I had a owi in iowa 5 years ago but it was deferred and had my license suspended for 6 months. I now live in New York

And I was wondering if I could get my license here in New York

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 4, 2017

It depends on the status of that IA case. 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/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following... View More

1 Answer | Asked in DUI / DWI for New York on
Q: I was charged with DWI in New york but i already have a DWI conviction in New Jersey. Does this mean it's a felony?

IN NJ DWI is considered a traffic violation and i'm worried this NY incident will be trumped up to a felony if they count NJ as misdemeanor instead of a violation.

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 4, 2017

See: https://dmv.ny.gov/tickets/penalties-alcohol-or-drug-related-violations

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/ publications on my law practice website. I practice...
View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.