Category Archives: DWI Defense

Understanding the New York DWI Alcohol and Drug Evaluation Process

How Does New York Handle DWI Charges?It’s very likely that if you were arrested for DWI in New York for any of the following reasons you’ve had to take a drug or alcohol screen or evaluation:

1. Under New York State law, an alcohol or drug evaluation and screening are mandatory if you have a blood alcohol concentration (BAC) at the time of arrest of 0.15 or higher. Your BAC is measured with a breath test.

2. It’s helpful for a person to have a drug or alcohol evaluation provided by your attorney before you negotiate a plea on your charges. The evaluation can show one of two things: that your conduct on the night of your arrest was a one-time incident, and not a pattern of behavior related to alcohol abuse or it can show that you’ve chosen to proactively address the problem about your use of alcohol and/or drugs.

3. An alcohol evaluation or screening is part of the Department of Motor Vehicle’s (DMV’s) Drinking Driver Program (DDP). This evaluation must be complete in order to obtain conditional driving privileges. This is true regardless of your final plea, which might be DWI, ADWI, or DWAI. The program’s completion is generally predicated on you following through with the recommended treatments. The recommendations will be put forward by an Office of Alcohol and Substance Abuse Services (OASAS) certified provider. They have a website to locate local providers, just type OASAS into Google or your favorite search engine.

Before you have an alcohol evaluation and screening, there are three things you must do:

ONE: Give yourself a good idea of the type of screening questions asked. This will help allay your fear. Read through the Michigan Alcohol Screening Test (MAST), which is available online. Within the DDP the alcohol screening is a form or questionnaire that is used to determine if you need further assessments or evaluation by a provider.

TWO: You must prepare to be truthful and honest with the evaluator. It’s important for wellness and long-term health that if drugs and/or alcohol are the reason for your criminal charges, then you need to address the underlying cause.

NOTE: Even if the recidivism rate for DWI is very low (approximately 3 to 4 percent), the danger to yourself and others for a second DWI while under the effect of any substance or drug can be substantial. In New York State, your second DWI arrest within a ten-year time frame is a Class E Felony and the prosecutor will seek a jail sentence ranging from 1 to 3 years.

THREE: You must be ready to follow through on any recommended treatments. If you don’t agree, you have the right to a second opinion or evaluation. This second evaluation and its results are binding. The court will want proof that you completed the treatments program that has been recommended and assessed. If you receive a conditional discharge (CD) from the Court, this will be one of the discharge’s terms. If you fail to meet the conditions of your case, the case will be re-opened and your failure will be considered a violation of a Court Order.

If your evaluation indicates that you are clean and no treatment is needed, then the final conclusion will be helpful to your lawyer. This evaluation can show the prosecutor that probation as a condition of your final sentence will not be needed. This report of No Treatment can also assist you in getting an Aggravated DWI (DWI) charge, which is when your BAC is .18 or higher, reduced to a “regular” DWI, which is a BAC over .08.

How Can I Get Charged With DWI For Drugs?

How Can I Get Charged With DWI For Drugs?Some people believe that a DWI means just one thing; that if you are stopped by the police and they believe you are driving while intoxicated, that means you are drunk on alcohol and will be charged. It’s easy to see how this narrow interpretation could prove to be popular, since police themselves only carry a breathalyzer device to measure the level of alcohol in a person’s body. Therefore, if you are under the influence of marijuana, cocaine or any other drug, you will easily pass a breathalyzer test and thus evade a DWI charge. It only applies to alcohol right? Continue reading

What’s An Ignition Interlock Device?

What’s An Ignition Interlock Device?Someone who is charged with a DWI (Driving while intoxicated) offense has to follow a certain number of requirements as part of the punishment that comes with the charge. In addition the suspension of a driver’s license for a period of time, once the ability to drive is restored, it still comes with certain conditions. One of those conditions is satisfying the requirements of an ignition interlock device that is installed on your car. So what is this thing? Continue reading

How Does New York Handle DWI Charges?

How Does New York Handle DWI Charges?In every state in the country, impaired driving—whether it is because of drugs or alcohol—is illegal and always comes with stiff consequences for someone that is caught and convicted of this act. But every state is free to administrate the punishment of this crime in their own way. The state of New York is no exception, and DWI, or “Driving While Intoxicated,” has very specific laws and punishments meted out for impaired drivers. Continue reading

DWI Charges And The Myth Of The Plea Deal

DWI Charges And The Myth Of The Plea Deal Long Island residents are proud of their ability to move through challenges on their own and come out the other side okay. And while that’s great for a lot of situations, sometimes you simply need to consider getting help from professionals. A perfect example of this is if you’re facing a DWI charge. Getting a DWI attorney for legal advice and representation is a must in this case. Continue reading

The Big Ways A DWI Can Impact Your Life

The Big Ways A DWI Can Impact Your LifeWe all make mistakes from time to time, but the reality is that sometimes those mistakes can cost us. That’s incredibly true when it comes to facing a DWI charge, and being found guilty could lead to significant penalties that will impact your life in more ways than you might realize. Consider some of the following ways a DWI may impact you: Continue reading

Benefits Of Hiring A DWI Defense Lawyer

Benefits Of Hiring A DWI Defense LawyerIf you or someone you know has recently been arrested for a DWI – or driving while intoxicated – in Suffolk County, Long Island, it’s likely that you’re currently on the lookout for a lawyer or attorney who can come to your defense. After all, nobody wants to spend time in jail, and the consequences for driving under the influence can be extremely severe, even if it’s your very first offense. You could be faced not only with a mark on your permanent record, but also: Continue reading

New York’s DWI Laws

New York’s DWI LawsThe penalties for drinking and driving in Suffolk County are serious and severe. If you’ve been arrested for Driving While Ability Impaired (DWAI) or Driving While Intoxicated (DWI), you need to know what the consequences are and what options you have for fighting the charge. This article will provide a brief overview of your options, but only an experienced criminal defense lawyer will know the ins and outs of mounting a successful DWI defense. Continue reading