In the state of New York, a prosecutor has two avenues for establishing a case of driving while intoxicated (DWI). Firstly, they can demonstrate that the driver operated the vehicle while in an intoxicated state. Alternatively, they can pursue the “per se” version of DWI, necessitating proof that the driver’s blood alcohol content exceeded the legal limit of 0.08, regardless of whether impairment was observed.
A DWI conviction, irrespective of type, carries significant consequences, impacting not only your life but also that of your loved ones. It can cast a shadow on future employment and housing prospects. For professionals in specialized fields such as medicine, law enforcement, and aviation, this may lead to additional penalties or even jeopardize current employment. As a student, it could result in severe disciplinary measures or expulsion. It is crucial to thoughtfully weigh your legal options if facing a DWI charge, whether in Queens or any other New York borough.
This website aims to furnish you with vital insights into New York’s DWI penalties and legal processes. However, the content here should not be taken as legal advice.
In order to properly assess your case, you should contact Jeffrey D. Cohen; a lawyer experienced in DWI cases.
The attorneys at the Law Offices of Jeffrey D. Cohen, represents clients charged with DWI or operating a motor vehicle under the influence of alcohol contrary to New York’s Vehicle and Traffic Law Section 1192.
Considered by many as one of the best DWI lawyers in Queens, NY, Attorney Jeffrey D. Cohen with over 23 years of experience has approached cases as both a prosecutor and criminal defense attorney. This insight gives him the edge, and the confidence to pursue dropped charges and minimized penalties for his clients.
The Law Office is located in Queens County. Mr. Cohen accepts cases from men, women, and minors charged with DWI crimes in Queens, Manhattan, Brooklyn, The Bronx, and Staten Island. He also represents clients in both Nassau County and Suffolk County, Long Island.
Call the for a free consultation.
If you need help dealing with your second or third DUI, the process is very complex and stressful. Let us stand by you through this already challenging situation.
Contact Jeffrey Cohen, he is perhaps your best bet as a DWI lawyer in Queens, Manhattan, Bronx, Brooklyn, Nassau and Suffolk Counties. Call and speak to Mr. Cohen personally at (718) 275-5900 now.
Remember, as former prosecutor, he understands the allegations, listens to his client’s position, and is proactive in contacting the prosecutor and aggressively seeks to protect your rights.
A conviction of DWI in New York can carry a severe and far-reaching impact on the lives of the defendant and his or her family. Such a conviction on one’s record can affect areas as essential to one’s life as employment and housing to government assistance and even impact the standing of professional licensees, such as physicians and attorneys.
Given the wide variety of negative consequences that a conviction of this type can impose, careful and deliberate consideration should be given to all of the options available, and the advice of a well-qualified attorney experienced in this area of law is an essential part of the process. Call Mr. Cohen at 718-275-5900 with experience in defending DWI cases in all five boroughs.
In any criminal case, there are several areas of that can be exploited in weakening or even eliminating the case brought against the accused. A solid understanding of these potential weak spots in defense of a Brooklyn, Queens, Manhattan, Nassau or Suffolk County DWI case provides an opportunity for either removal of the charge or at the very least negotiation of a more positive and less severe outcome in any plea bargain. These areas include:
It is unlawful for any law enforcement officer to make a vehicle stop without a valid justifiable reason. Doing so will constitute an unlawful search proscribed by the Fourth Amendment of the United States Constitution. Any evidence obtained from an unlawful search is inadmissible in prosecution of the accused.
While to make an initial stop, the officer is not required to have “probable cause,” the officer is required to have a reasonable suspicion of illegal activity to make a lawful stop.
However, if the vehicle is pulled over for any valid reason, any evidence of illegal activity (in this case drunk driving) is admissible for prosecution purposes. That is to say that if the vehicle is pulled over for having an expired tag, and if the officer smell’s alcohol on the breath of the driver, the officer will at that point have a valid reason to conduct a field sobriety test which would be admissible. It is worth mentioning that the stopping the vehicle, even for a valid reason, does not in and of itself provide a valid reason for a search of the vehicle compartments and such a search cannot be legally conducted without the permission of the driver or the owner of the vehicle. It is important that permission be denied to any officer asking to conduct a search of closed compartments of the vehicle. Any such search, if conducted without the permission, constitutes an illegal search and is not admissible in evidence unless the officer has an independent legal reason for conducting such a search.
The most important factor in existence of a reasonable suspicion of driving under the influence of alcohol is the driving behavior of the motorist. Assuming a valid initial stop, the following is an incomplete list of other possible evidence that may be used in giving the officer the right to conduct a more in-depth search (such as a field sobriety test) and in prosecution of the case:
Statements by the Driver; Statements by passengers and other witnesses; Open containers in the vehicle; Slurred speech and other behavior consistent with intoxication by the driver; Biophysical indications of intoxication, such as glassy eyes and impaired motor functions. Odor of alcohol or other controlled substances: Paraphernalia for the use of drugs in plain view of the officer.
Driving or operation of a motor vehicle on a highway or a road while under the influence of alcohol.
Blood Test: Certain types of cases can be subject to a blood test. Blood tests are more accurate, however, since it takes more time to obtain a blood sample, there is more time to metabolize alcohol out of the system before the sample is given. Blood samples are obtained by medical, EMT or other qualified personnel and will be sent for analysis.
Field Sobriety Test: The arresting officer can, and usually will, subject a driver suspected of driving under the influence of alcohol to a field sobriety test. Some of the exercises in conducting this test are:
The horizontal gaze nystagmus (uncontrolled eye movement) Walk and turn; One legged stand; Finger to nose exercise; Reciting the alphabet exercise.
Special laws regarding DWIs in New York: As of November 19, 2009, New York has enacted the Leandra’s Law which strengthened the penalties against drunk drivers and requires individuals convicted with a DWI to have in place an ignition interlock device installed on any vehicle they own or operate. This law also increased the penalty for driving under the influence of alcohol or any controlled substance with a child of fifteen or less to an E class felony.
Violation | Mandatory Fine | Maximum Jail Term | Mandatory Driver License Action |
Aggravated Driving While Intoxicated (A-DWI) | $1,000 – $2,500 | 1 year | Revoked for at least one year |
Second A-DWI in 10 years (E felony) | $1,000 – $5,000 | 4 years | Revoked for at least 18 months |
Third A-DWI in 10 years (D felony) | $2,000 – $10,000 | 7 years | Revoked for at least 18 months |
Driving While Intoxicated (DWI) or Driving While Impaired by a Drug (DWAI-Drug) | $500 – $1,000 | 1 year | DWI-Revoked for at least six months DWAI-Drugs – Suspended for at least six months |
Second DWI/DWAI-Drug violation in 10 years (E felony) | $1,000 – $5,000 | 4 years | Revoked for at least one year |
Third DWI/DWAI-Drug violation in 10 years (D felony) | $2,000 – $10,000 | 7 years | Revoked for at least one year |
Driving While Ability Impaired by a Combination of Alcohol/Drugs (DWAI-Combination) | $500 – $1,000 | 1 year | Revoked for at least six months |
Second DWAI/Combination in 10 years (E felony) | $1,000 – $5,000 | 4 years | Revoked for at least one year/18 months |
Third DWAI/Combination in 10 years (D felony) | $2,000 – $10,000 | 7 years | Revoked for at least one year/18 months |
Driving While Ability Impaired by Alcohol (DWAI) | $300 – $500 | 15 days | Suspended for 90 days |
Second DWAI violation in 5 years | $500 – $750 | 30 days | Revoked for at least six months |
Third or subsequent DWAI within 10 years (Misdemeanor) | $750 – $1,500 | 180 days | Revoked for at least six months |
Zero Tolerance Law | $125 civil penalty and $100 fee to terminate suspension | None | Suspended for six months |
Second Zero Tolerance Law | $125 civil penalty and $100 re-application fee | None | Revoked for one year or until age 21 |
Chemical Test Refusal | $500 civil penalty ($550 for commercial drivers) | None | Revoked for at least one year, 18 months for commercial drivers. |
Chemical Test Refusal within five years of a previous DWI-related charge/Chemical Test Refusal | $750 civil penalty | None | Revoked for at least 18 months, one-year or until age 21 for drivers under age 21, permanent CDL revocation for commercial drivers. |
Chemical Test Refusal – Zero Tolerance Law | $300 civil penalty and $100 re-application fee | None | Revoked for at least one year. |
Chemical Test Refusal – Second or subsequent Zero Tolerance Law | $750 civil penalty and $100 re-application fee | None | Revoked for at least one year. |
Driving Under the Influence (Out-of-State) | N/A | N/A | Revoked for at least 90 days. If less than 21 years of age, revoked at least one year. |
Driving Under the Influence (Out-of State) with any previous alcohol-drug violation | N/A | N/A | Revoked for at least 90 days (longer term with certain prior offenses). If less than 21 years of age, revoked at least one year or until age 21 (longest term). |
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Mr. Cohen has represented hundreds of clients on DWI and DUI matters and successfully challenged alcohol tests such as the Portable Breathe test and Intoxilyzer examination.
Call 718-275-5900 for more information about Drug Cases in New York or to schedule your free consultation with a New York Criminal Defense lawyer from The Law Office of Jeffrey D. Cohen.
Mr. Cohen and his firm will evaluate your case, examine the allegations, help you prepare a defense, and attack the Prosecution’s charges and allegations. He will help you understand what the steps to defending your case are. Our experience and in-depth analysis will help guide you. Call 718-275-5900 for more information about Drug Cases in New York or to schedule your free consultation with a New York Criminal Defense lawyer from The Law Office of Jeffrey D. Cohen.