DWI

In the state of New York, Driving while Intoxicated (DWI) charges are primarily governed by Article 31 of the Vehicle and Traffic Law sections 1192 through 1199.  New York’s DWI laws are some of the more complexed in the country.  Mr. Garcia has the experience to vigorously protect and guide you through the overwhelming process of a DWI arrest.

DWI arrests primarily involve one or more of the following offenses. 

  1. Driving While Ability Impaired by Alcohol (DWAI/Alcohol) can be charged when the driver’s blood alcohol content is higher than .05 but lower than .08. 
  2. Driving While Intoxicated; per se take place when a person operates a motor vehicle with a blood alcohol content .08 or higher.  
  3. Aggravated Driving While Intoxicated are charged when a person operates a motor vehicle with a blood alcohol content of .18 or higher.
  4. Driving While Intoxicated in a Commercial Vehicle. DWI arreststake place when the driver’s blood alcohol content is .04 or higher.  There are two levels:
    Blood Alcohol Content of .04 to .06 is called level 1.
    Blood Alcohol Content of more than .06 but less than .08 is called level 2.
  5. Driving While Ability Impaired by a Drug other than Alcohol can be charged when their blood, urine or other chemical test shows any trace of a controlled substance.
  6. Driving While Ability Impaired by a Combination of Drugs and/or Alcohol. Motorists who operate a vehicle while their chemical test shows any trace of a controlled substance or other drugs in combination with alcohol.

DWI License Suspensions

According the VTL § 1192 (e) (7), the Prompt Suspension Law, mandates the arraignment judge to suspend the defendant’s driver’s license pending prosecution when the driver is charged with DWI and is alleged to have a blood alcohol content of .08 or more. The Court is required to be in possession of a properly certified chemical test result in order to suspend the driver’s license.  

If the driver’s license is suspended, a Hardship Hearing should be requested at arraignment. During the hearing, the defendant must prove to the court that the license suspension would result in an extreme hardship for the defendant. Extreme Hardship is defined as the inability to obtain alternative means of travel to or from his place of employment or to and from medical appointments of the defendant or a household member. 

DWI Refusals/DWI Refusal Hearings

In the State of New York, operating a motor vehicle is considered a privilege and not a right. Law enforcement may request a chemical test if there are reasonable grounds to believe a driver is operating a motor vehicle under the influence of alcohol or drugs. Any person who drives in the State of New York is deemed to have given consent to one or more of the following chemical tests: breath, blood, urine, or saliva for the purpose of determining the blood and/or drug content of the operator. 

If a driver is charged with a DWI Refusal, the arraignment Judge is required to temporarily suspend the defendant’s driver’s license pending the outcome of a Department of Motor Vehicle Refusal Hearing.  The court is required to be in possession of a Chemical Test Refusal form before they can suspend the driver’s license.

The Department of Motor Vehicles is required to provide a Refusal Hearing within 15 days of the defendant’s arraignment. If the appropriate law enforcement official fails to appear on the initial hearing date, then the defendant’s driver’s license must be reinstated until the hearing is rescheduled. If the appropriate law enforcement official fails to appear for the second adjourned, the administrative law will render a decision based upon any submitted paperwork.

DWI Refusals to any of the abovementioned chemical tests can result in monetary fines and license suspension and/or revocation. Although a refusal is not a crime, in some circumstances, the refusal may be used against you if the case proceeds to trial. In general, the first DWI Refusal results in a one-year license revocation. Subsequent refusals within five-years result in an eighteen-month license revocation. 

DWI Sanctions

Penalties for convictions of DWI in New York may include incarceration, fines, probation, driver’s license suspension/revocation, installation of ignition interlock device, victim impact programs and alcohol and drug treatment programs. 

Experienced New York DWI Attorney

If you have been arrested for violating any section of New York’s DWI laws, it is in your best interest to obtain experienced legal counsel.  DWI arrests are burdensome, time consuming, expensive, and a conviction could have substantial consequences on your finances and employment status. Mr. Garcia is a seasoned litigator who has handled hundreds of DWI cases, both as a Prosecutor and as a defense attorney throughout the State of New York. Mr. Garcia’s extensive experience as a prosecutor provides an irreplaceable first-hand perspective of how prosecutors and law enforcement officials develop and investigate cases, which is essential to providing a strong successful defense.

The Law Office of Cory Garcia, P.C. serves clients throughout New York City Supreme and Criminal courts in Manhattan, Brooklyn, Bronx, Queens, Staten Island as well as Westchester, Orange, Putnam, Rockland, Suffolk and Nassau counties. To schedule a free consultation with the Law Office of Cory Garcia, P.C., contact us directly at (914)-705-3745.