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answered on Jul 21, 2011
The chemical test must be done within 2 hours of your DWI arrest.
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answered on Jul 21, 2011
The most important sections will be found in Section 1192 of the Vehicle & Traffic Law of the State of New York, but the following sections through Section 1199 all relate to DWI cases, including refusals, penalties, treatment and procedures.
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answered on Jul 21, 2011
The blood alcohol concentration for a DWAI is between 0.05% and 0.07%.
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answered on Jul 21, 2011
yes, this is true. You will not be granted a hardship privilege without an additional witness.
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answered on Jul 21, 2011
By statute, it must be conducted within 3 days of your arraignment on the DWI case.
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answered on Jul 21, 2011
The Refusal Hearing will be conducted at the local DMV Office.
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answered on Jul 21, 2011
Yes. There is a Court of Appeals case called People v. Gursey which establishes that you can seek guidance as to your legal options when asked to take a breathalyzer as long as you do not unnecessarily delay the process. Thus, you should have the name of the attorney you wish to call as well as... View More 
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answered on Jul 21, 2011
I recently won a refusal hearing on this very issue for a client. He had tried to take the test but was not able to blow long enough into the breathalyzer for the officer to get a reading. We introduced his asthma medication records and hospital records into evidence, and brought his inhaler to... View More
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answered on Jul 20, 2011
If it is your first refusal and you have no prior DWI convictions, your license will be revoked for 1 year.
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answered on Jul 20, 2011
On a first time DWI, your license will be revoked for 6 months.
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answered on Jul 20, 2011
I can't tell you exactly but a few clients have reported that the installation fee was about $150.00, and then there is a monthly maintenance fee of approximately $75.00-$100.00.
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answered on Jul 20, 2011
Unless you can prove to the Court that you will have no access to one or more of the cars (for example, if one of the cars is used exclusively by your spouse and you can prove that through affidavits), then the Court will require you to install the ignition interlock in all three cars.
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answered on Jul 18, 2011
The fees include the installation fee, as well as a monthly maintenance fee for the length of time the device is required to be maintained, which is usually one year.
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answered on Jul 18, 2011
The Drinking Driver Program should run for seven weeks, once a week.
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answered on Jul 18, 2011
The fine is generally around $500.00 and the surcharge is $400. However, there will be other fees to attend the mandatory Drinking Driver Program, the Victim Impact Panel, and the Driver' Responsibility Assessment, as well as for any court ordered substance abuse treatment if the judge... View More
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answered on Jul 18, 2011
This is a tax assessed by the Department of Motor Vehicles on all drunk driving related charges, as well as on speeding tickets in certain situations. On DWI cases, the assessment is $750.00, which can be paid all at once or in three annual installments of $250.00. If it is not paid, your license... View More
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answered on Jul 16, 2011
If you or your passenger are caught tampering with, or the other person is blowing into the ignition interlock device, you are both subject to misdemeanor charges.
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answered on Jul 16, 2011
Yes, since the passage of Leandra's Law in 2009, it is mandatory that you install and maintain an ignition interlock in any vehicle you own and operate if you are convicted of, or plead guilty to a DWI.
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answered on Jul 16, 2011
It is a very good idea. If you are found to have refused a chemical test by the administrative judge, you will have your license revoked for one year. Additionally, any testimony you give at a Refusal Hearing is admissible against you in the criminal case on your DWI. Lastly, you are not likely... View More
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answered on Jul 16, 2011
Yes, the breathalyzer must be conducted within 2 hours of the arrest to be admissible.
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