On Sunday, June 10, 2012, New York Giants offensive lineman David Diehl was charged with DWI in Queens, New York. Apparently, at approximately 8:20 PM, after watching a soccer game at a bar in Astoria, Diehl entered his BMW and struck two parked vehicles on 35th Avenue near 31st Street. Diehl was arrested and brought before a Queens judge that evening. He spent the night in jail and was released on his own recognizance the following morning.
After being apprehended by police, Diehl submitted to a breathalyzer, which purportedly revealed a BAC of 0.18% of alcohol. Under the New York State vehicle & Traffic Law, anyone operating a motor vehicle in the State of New York with a BAC (blood alcohol concentration) of 0.08% or above is charged with a DWI. However, if the driver’s BAC is 0.18% or above, they are likely to be charged with aggravated DWI, which is a relatively recent enhanced charge that was first instituted in New York in 2006. Thus, although it has been reported that Diehl is being charged with DWI, the charges could be amended to include an aggravated DWI violation.
Since Diehl reportedly has a driver’s license issued in New Jersey, the New York Courts do not have jurisdiction to suspend or revoke his driver’s license on the DWI charge. In this situation, the Queens County judge suspended Diehl’s privileges to operate a vehicle in the State of New York, rather than his driver’s license, under the doctrine of “suspension pending prosecution.” Many people have the false notion that there is a constitutional right to a driver’s license, and express protest over this doctrine, since it is unknown whether the charges against Diehl will be proven. However, a driver’s license is a privilege, rather than a right, and thus, there is no valid constitutional objection to the suspension of a driver’s license or privilege pending prosecution.
If Diehl were to be convicted or pled guilty to the DWI charges, he would have his license revoked for a minimum of at least six months, be required to install an ignition interlock device (IID) in any vehicle he owns or operates for at least six months, have to pay fines and surcharges approaching $1,000, have to be assessed and possibly treated for alcohol abuse, pay additional fines to the New York State Department of Motor Vehicles in the amount of $750.00 for what is called a “Driver’s Responsibility Assessment”, and be required to attend the Drinking Driver Program (DDP) at the conclusion of the criminal proceedings, which is a seven week program sponsored by the New York DMV.
If Diehl were to be convicted on an aggravated DWI charge, he would pay additional fines in the amount of approximately $1,400, and have his license revoked for at least one year. He would also be subject to the remainder of the above conditions of treatment, IID installation, alcohol screening and payment of the Assessment.
Contact the Westchester County DWI Lawyers at the White Plains, New York Law Office of Mark A. Siesel online or toll free at 888-761-7633 if you are charged with a DWI, aggravated DWI or another criminal charge for a free initial consultation to review the charges against you and your legal options.