We understand that if you are arrested for Driving Under the Influence or Driving While Intoxicated, even without credible evidence, you can lose your license and your car before setting foot in a courtroom. A conviction may lead to a criminal record, staggering fines, incarceration, and license revocation. That is why taking immediate action, conducting an independent investigation, and aggressive representation are the hallmark of our DWI/DUI defense efforts.
Our Services Include
• Felony DWI
• Misdemeanor DWI
• Aggravated DWI
• Driving Under the Influence
• Refusal Cases
• Marijuana related DUI / DWI
• Narcotics related DUI / DWI
• Medication related DUI / DWI
• Portable Breathalyzer DUI / DWI
• DMV Hearings
• Vehicle release proceedings
• Licence suspension hearings
The first law against drunk driving was passed in New York in 1910. Afterwards, other states passed similar laws. The early laws did not indicate a maximum blood alcohol level or specify any procedure for testing coordination. They generally prohibited drunk driving, and police officers and judges were left to enforce the law as they saw fit. Starting in 1938, a maximum BAC (Blood Alcohol Concentration) was set at 0.15%. In 1966 it was lowered to 0.10% and to 0.08% in 2003. Each new limit was accompanied with new scientific research suggesting that people just under the limit would be able to drive reasonably well. Interestingly, emerging research suggests that driving with a BAC of 0.08 is roughly equivalent to driving while talking on a cell phone.
Did you know, you can be arrested for driving UNDER the limit of 0.08%? Driving While Intoxicated, or DWI, applies if you are over the limit (0.08%). However, you can be charged with Driving Under the Influence, DUI, even if your BAC is under a 0.08%. You can also be charged with either DWI or DUI even if you are under the influence a non-alcoholic substance.
Today, DWI & DUI enforcement has never been stricter. There are enhanced penalties for driving with a very high BAC (aggravated DWI - 0.18 or higher) and you can be charged with a felony if you have a prior DWI conviction. Whether you are pulled over during a "routine" traffic stop, stopped at a checkpoint, or otherwise accused of driving while intoxicated, you may be asked to submit to a portable breathalyzer test on the side of the road and/or at a police precinct. Additionally, you may be asked to perform a coordination test in front of a video camera. If you refuse to take these tests, you may face an automatic license suspension and the fact of your refusal may be offered as evidence against you.
As a former Assistant District Attorney at the Manhattan District Attorney's Office, I have handled numerous DWI and DUI cases. When we sit down to talk about your DWI / DUI case, I will provide an assessment of your situation. We will discuss whether the police had a right to stop you, the existence of any breathalyzer tests or video, your chances of success, and what it would take to succeed. Sometimes, it may be possible to negotiate a suitable outcome and realize your objectives at a minimal cost. Other situations may demand further effort, up to and including trial.
DWI / DUI Law
The information contained on this website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. This is attorney advertising. Past performance does not guarantee future results.
