New York DWI Lawyer Blog

It's a Friday night, and you've been out with the guys watching the game at your favorite bar a few miles from home. You've had a few drinks, the game is over, and you are on your way home. Suddenly, the police pull you over, and you are asked if you've been drinking. When the officer smells alcohol on your breath, he asks you to do the Field Sobriety test (I will write about this in an upcoming post), consisting of standing on one foot, walking in a straight line for 9 steps and then reversing on the same line, and touching your finger to your nose. The officer then requests that you take a breath test. One of the most common questions DWI lawyers get asked is: "Should I refuse?"

There is no easy answer to this question, but there are several things to keep in mind. First, if you refuse, there will be an automatic 12 month revocation of your driver's license, unless you win at the DMV Refusal Hearing, conducted by a DMV administrative judge in which the odds are definitely against you. Considering that if you do take the test, and you get a DWAI (Driving While Ability Impaired), your license is only suspended for 90 days, or if you are convicted of a DWI, your license is revoked for only 6 months, by refusing the chemical test you are either doubling or quadrupling the time you will be without your driver's license. On a second refusal, your license is revoked for 18 months!

Second, by refusing you are subject to a $500 fine for the first refusal, and a $750 fine for a refusal on a second DWI charge.

Third, if you are found to have refused at the administrative hearing at the New York DMV, you are not eligible to obtain your conditional license. This is critical, as the conditional license allows you to drive to and from work, for emergency medical treatment, to school, or to pick up your children at day care.

For clients with a CDL, driving a tractor-trailer or other commercial vehicle, a refusal is a very unwise move. By refusing a chemical test, the following will happen: Your license is now revoked for 18 months, and you are assessed a $500.00 penalty. The refusal is on your record forever, so that even if you have a refusal 20 years later driving a private vehicle, it will still have a huge impact on your CDL, because if you have a second refusal, your commercial driver's license is permanently revoked!

Generally speaking, unless a felony is likely to be charged, or someone has been badly injured or killed as the result of the DWI, refusals are a very risky business indeed.

Continue reading " DWI In New York-Think Twice Before A Refusal " »

From June through July, 2008, three local residents were charged with DWI due to driving the wrong way on major roadways. On June 1, 2008, Eastchester resident Kathleen Beaton was charged with a Rockland County DWI for driving the wrong way on the Tappan Zee Bridge from Westchester to Rockland County. Her blood alcohol content (BAC) was alleged to be .20, which is more than double the legal limit. On September 29, 2008, Ms. Beaton pleaded guilty to aggravated driving while intoxicated, which is a misdemeanor with a one year revocation of her driver's license and with potential fines of as much as $2,500. Beaton is scheduled to be sentenced in Grand View Village Court on October 22, 2008.

On July 1, 2008, Nabil Zidan of Mohegan Lake allegedly drove southbound on the northbound Taconic State Parkway in New Castle with a blood alcohol level of 0.17 percent. Zidan was charged in a Westchester County DWI, and is due in New Castle Town Court on October 16, 2008.

On June 13, 2008, Kevin Lyons of Rye allegedly drove eastbound on the westbound side of I-287 and collided with a tractor-trailer. Lyons' BAC was determined to be 0.26, more than 3 times the legal limit. Mr. Lyons was charged with a Westchester County Aggravated Driving While Intoxicated, and is due in Harrison Town Court on October 3, 2008.

Continue reading " Rockland County DWI Continues Epidemic Of Wrong Way Drivers " »