DWI cases are a complex intersection between criminal justice and science. No other crime has a purported scientific test that supposedly tells you automatically whether you are guilty or innocent. No other charge is more frequently leveled against otherwise completely law abiding citizens. Our DWI clients comprise some of the most successful business people, professionals and artists in the world. They are not criminals and very often have not done anything wrong. Simply stated: A DWI arrest can happen to anyone. If you have a glass of wine at dinner and do not stop completely for a stop sign, you can be arrested and charged in New York for committing the crime DWI. Because of this very scary fact, you need a team of lawyers that understand and studies DWI law with the focus and determination of attorneys practicing at the highest level of the bar. You will see from the information contained on our website that we care deeply about providing the highest quality representation to individual charged with DWI. We look forward to the privilege of helping you too.
Every DWI case presents a unique set of facts and challenges, but every in every case the prosecutor must establish the same basic elements: (1) Driving/ Operation; (2) Of a Motor Vehicle; (3) On a Public Highway; (4) While Intoxicated or Impaired, proven by either by Per Se Intoxication or Totality of the Circumstances;
All DWI arrests require court ordered alcohol screening and license suspension pending trial. DWI Penalties vary based upon whether it is your first offense, second offense or you have previously been convicted of a DWI. While jail and prison penalties are not common for ordinary DWI offenses, all DWI offenses are subject to fines, surcharges and assessments, a licenses suspension period, the drinking and driving program, and increased insurance costs. Sentences may include ignition interlock devices, additional alcohol education classes, or other sentencing alternatives.
Fighting a DWI charge can be difficult enough, but many times officers and prosecutors also include related charges, such as, Driving Under the Influence of Drugs (DUID), Endangering a Child (Leandra’s Law), Reckless Driving, Unlicensed Operation of a Motor Vehicle, or Fleeing a Police Officer. In certain situations a DWI may result in Felony DWI Charges or Federal DWI Charges. Additional charges will apply if a traffic accident or injury occurred
DWI arrests generally occur in one of three: scenarios traffic stops, sobriety checkpoints, and traffic accidents. Each scenario presents unique legal challenges that a skilled lawyer can investigate, and use to your benefit.
Field Sobriety Tests are designed to tests an individual’s coordination and focus in order to determine intoxication or impairment. These two categories for these tests are Standard Field Sobriety Test and Non-Standard Field Sobriety Tests.
At the time of arrest police may try to establish intoxication by conducting a chemical breath test, a roadside breath test, a blood test or a urine test. The key to fighting any of these tests is understanding the Science behind the Tests. Adam Perlmutter is a licensed breath test operator and critically examines each test for scientific accuracy.
In NY you have a right to refuse a breath test, but that refusal may come with consequences. After your refusal, you are entitled to DMV refusal hearing, where the DMV will determine whether refusal will result in a suspension of your license. Having a skilled DWI lawyer greatly increases your chances of success at this hearing.
Post Conviction Relief
Before you take a plea in a DWI case it is important to understand that even a non-criminal plea will be on your record for the rest of your life. Under certain, specific conditions, however, you may be able to withdraw your plea.
If you hold a specialized license, such as, a Commercial Driver’s License, a NYC TLC License, or you are a School Bus Operator you may be subject to specialized penalties and requirements. A DWI charge can put your entire livelihood in jeopardy, and you need an experienced attorney to advise you.
If you are hold a license from another state you will face special problems in Criminal Court and at the DMV. Understanding the Interstate Driver’s License Compact is essential for understanding