Frequently Asked Questions
These questions are not the only questions that we are able to answer for you at The Glass Group but they are the questions asked most often.
The term DUI and DWI are interchangeable and relate to the same offense. Driving Under the Influence (DUI) and Driving While Intoxicated (DWI) is an offense that relates to a motorist operating a vehicle while affected by alcohol.
Someone charged with a DWI receives a misdemeanor that is punishable by up to a year in jail. Driving While Abilities Impaired (DWAI) is punishable by up to 15 days in jail.
Misdemeanors are usually punishable by up to a year in jail while a felony DWI can land someone in jail for up to 4 years.
There are some situations when a DWI will carry a charge of a felony. For instance, if you have had a DWI conviction in the past ten years or a child 15 years or younger was in the vehicle when you were stopped. However, in most cases, it is considered a misdemeanor.
A DWAI is typically charged as an infraction or a violation. This type of charge has fewer penalties than a misdemeanor. While a guilty plea to DWAI will not mean that you will receive a criminal conviction, it will go on your DMV record for ten years. It might even appear on your criminal record. Be advised that a DWAI can be charged as a misdemeanor in some instances. This is why it is important to consult with Maxwell Glass, Esq. and his team of experts at The Glass Group to determine how to plead to a DWAI charge.
Yes, but if you, you could face penalties as a result. This might include having your license revoked for a year and a fine of up to $500. The sobriety test is the only test that carries penalties if refused. It is lawful to refuse a ‘field sobriety test’, such as walking a straight line or standing on one leg. However, they could still be consequences as a result of your refusal.
You will incur a fine of $250 per year for three years imposed upon you by the DMV for any alcohol-related offense or refusal to take a required chemical test. These may not be the only fees that you will incur, as there may also be court imposed fees that you may be required to pay.
Not necessarily. It depends on the attorney’s defense. This will depend on the circumstances involving your case. However, it is usually a set of circumstances that control the outcome, not a single circumstance.
BAC means blood alcohol concentration. This refers to the amount of alcohol in your blood. A motorist who is stopped on suspicion of DUI will take a breathalyzer test, which measures the blood level. The legal limit in New York is 0.08%. Despite your BAC being under this limit but more than 0.01%, the motorist could still be arrested and prosecuted for a DWI related charge.
It is not necessary for the police officer to read you your Miranda rights. However, we might be able to use this as part of your defense.
In New York, if you are arrested for a DWI your license may be suspended while your case is pending. When a breathalyzer is refused then your license could be suspended just for refusing to take the test. If you are convicted of the offense then you could incur additional suspension or revocation. However, with our team of experts, it’s likely that we can reduce the suspension or revocations imposed.
Your attorney will research your case and come up with the best defenses for your case and offer an honest evaluation of your chances in court. Every case is carefully prepared prior to going to trial. We always go to court with one thing in mind, to win. So if you elect to go to trial, you’ll have the best representation by your side. However, if you decide not to go to trial, your case will be discussed on an individual basis to determine the penalties.
This is typically your first court appearance that occurs right after you have been arrested. During the arraignment, you will hear the charges against you. It is also at this time that bail will be given consideration, and whether your license should be suspended pending prosecution. Any future court date might be scheduled so that you can hire representation if you do not already have it.
You might not realize it until you speak with one of our lawyers but you have options that you might not be aware of. This is why it’s important to call someone who knows the laws as they relate to a DWI. The charges have to be proven. If errors are found when administering a chemical test or sobriety test, search and seizure protocol or any other errors related to your charges, this can be used toward your receiving a more favorable outcome.
You will usually receive a suppression hearing. This means that a judge will have to decide if the arresting officer had probable cause for stopping you. It is at these hearings where the officer will be cross-examined to determine if they had cause to pull you over. We will try to prove that they did not and if this is proven it could lessen the charge. In some cases we are able to come to a favorable settlement.
It is unlawful for a police officer to stop you without cause. They must have had reasonable suspicion in order for an officer to lawfully stop you. It this cannot be determined then a suppression hearing will be requested and it is likely that your case will be dismissed.
Meeting with a DUI attorney and knowing what your rights are can help you win your case. If you do not meet with an attorney, you may forfeit certain rights that you are due. Our New York attorneys have studied the law and they know how to win cases. Speaking with a DUI attorney can help you move on from this chapter in your life with minimum consequences. Allow Maxwell Glass, Esq. to help you put this behind you so that you can move on with the rest of your life.