New York DWI Lawyer Blog

If you are convicted of a New York drunk driving charge, such as an Aggravated DWI, DWAID (driving while ability impaired by drugs), or a DWAI, in addition to any Court mandated fines, fees, penalties and surcharges, the New York State Department of Motor Vehicles (NYSDMV) taxes all motorists $750.00 for this conviction. The Driver Responsibility Program was instituted in November of 2004 with the stated purpose of preventing repeated DWI's or traffic infractions.

The assessment is $750.00 and will also be imposed for a refusal to take a chemical test such as a breathalyzer, including for boats and snowmobiles. The fine can be paid in one installment or in three annual payments of $250.00.

There is also an assessment if the motorist gets 6 or more points on his or her license within a 18 month period. In those cases, the assessment is $300.00, with payment all at once or in annual payments of $100.00. Each additional point within the 18 month period adds on $75.00 for the three years.

Driver responsibility assessments are imposed on all drivers in the state of New York, regardless if they have a New York driver's license. Failure to pay the assessment will result in a suspension of the motorist's driver license, learner's permit or driving privileges for out of state drivers.

Continue reading "Driver Responsibility Assessments" »

We represent many clients who are charged with driving while intoxicated and a refusal to take a chemical test. Many of these clients were charged with a refusal since they did not understand the difference between 1) what is known as a "Breath Screening Test" (BST), which is used at the scene of an arrest, and is often called an "Alco Sensor", and 2) the breathalyzer test or other chemical test which the arresting officer requests that the client undergo once they have been placed under arrest and taken to the precinct.

Simply put, the breath screening test is an unscientific test which the officer requests that the client take in order to have probable cause to make the DWI arrest. However, this test, since it is not scientific, is not admissible in Court. Thus, the arresting officer will request that the client take a breathalyzer, or other chemical test of blood, urine or saliva, at the precinct, which is admissible in Court and forms the evidentiary basis for proving a DWI case in Court. Of course, the officer never explains the distinction between the non admissible BST that the client took at the scene, as opposed to the scientific and admissible Breathalyzer which the client is requested to take at the precinct.

Inevitably, and to the client's dismay and surprise, when the client responds to the request: "Will you agree to take a chemical test of your breath at this time?" with an "I already took the breathalyzer earlier", the officer never explains the distinction between the tests--and thereafter, when the client does not take the breathalyzer thinking they have already done so, they are charged with a refusal.

The Refusal to take a chemical test is not a crime as is a DWI or Aggravated DWI, but it carries with it enormous implications for the client's driving privileges, fines, and ability to resolve the criminal case. If found guilty of a refusal to take a chemical test at the Administrative hearing before a Department of Motor Vehicles judge, there is an automatic one year revocation of the client's license, fines which are generally at least $1,000.00, and the client is now not eligible for a "20 day stay" at the end of the DWI case in order to more quickly get their "conditional license" which allows them to drive to and from work, doctor's appointments, to pick up children from day care or for emergencies.

Continue reading "New York DWI--Breath Screening Test Not A Chemical Test" »

After a conviction or plea to a New York drunk driving offense, such as driving while intoxicated, driving while ability impaired, or aggravated DWI, one of the biggest concerns that clients have is the ability to maintain their driving privileges. In many cases, clients will be able to drive under certain circumstances after their drunk driving conviction. This limited license is known as a conditional license.

A conditional license allows you to drive to and from work, to and from school, to and from necessary medical treatment, and to and from treatment or programs that are required as part of your sentence with the Court, such as attending a MADD Victim's impact panel or the drinking driver program. To get a conditional license, you must enroll in and complete the DDP (drinking driver program) a seven week class sponsored by the Department of Motor Vehicles (NYSDMV). If you have taken the DDP within the last five years, you are not eligible to attend the DDP and will not be able to obtain your conditional license.

It generally takes approximately 20 days from the sentence date in your criminal case until you can enroll in the DDP, due to the delay between the local Court forwarding your paperwork to the DMV to establish your eligibility for the DDP. For this reason, as long as you have not refused a breath test, the local judge at your attorney's request will issue what is known as a "Twenty Day Stay" of the enforcement of your license revocation, and you will then be eligible to begin driving while awaiting your entry into the DDP and receipt of your conditional license. However, if you have refused a breath test, you are not eligible to get a 20 day stay and will have to wait to drive until you enter the DDP.

Continue reading "New York Drunk Driving--What Is A Conditional License?" »

We recently wrote a post about terms you will need to know when you are facing a New York DWI or other drunk driving charge. In this article, we will review some additional terminology that will be particularly important during the arraignment, negotiation, pleading and sentencing stages of your case. When you are arraigned on for either a DWI, DWAI, or DWAID (meaning when your attorney will enter a plea on your behalf), in most instances, the presiding judge will request that you have an evaluation conducted by TASC. TASC stands for "Treatment Alternatives To Street Crime", and the purpose of this evaluation is to have a substance abuse counselor determine whether you have a drinking or drug abuse issue. If the determination is that you do not have a substance abuse problem, there will be a recommendation that no further evaluation or treatment is required. If the counselor believes there is an issue, as part of your sentence for the DWI, you will be required to attend substance abuse counseling for a period of time recommended by the TASC counselor.

As part of the sentence in many Westchester DWI cases, you will also be required to attend one session of what is known as the VIP panel, or Victim Impact Panel. This is a class run by MADD, (Mothers Against Drunk Driving), in which you will generally pay a fee of $75.00, and will hear stories from the families of those whose family members were injured or killed in accidents with drunk drivers.

At the conclusion of all New York DWI cases, in order to be permitted to obtain a conditional driver's license, (which will be discussed in more detail in a separate post), you will be required to attend the DDP, or Drinking Driver Program, which is run by the Department of Motor Vehicles, will run seven weeks, and cost about $375.00. The DDP is a treatment, re-education and evaluation program which you must attend promptly, take very seriously and be prepared at any particular time to be tested to determine if you have been drinking that day, which would result in additional treatment.

Continue reading "New York DWI Common Terms--Part 2" »