DWI vs DWAI: What You Need to Know
Upstate New York has the state's highest drunk driving fatalities. Learn the critical differences between DWI and DWAI charges, penalties, and consequences.
Read more →DWI News
Important updates and legal insights on DWI law in New York.
What is an Aggravated DWI in New York?
An Aggravated DWI carries significantly harsher penalties than a standard DWI. Learn what constitutes an Aggravated DWI and the fines, jail time, and license consequences.
Read more →Why Hire a DWI Lawyer?
With 1.5 million DWI arrests annually in the US, navigating the legal system alone is a serious risk. Learn why experienced legal representation matters.
Read more →Breathalyzers and the 15 Minute Observation Rule
Law enforcement must follow strict protocols when administering breath tests, including a mandatory 15-minute observation period.
Read more →DWI Roadblocks and Checkpoints
Roadblocks are increasingly used by law enforcement but must adhere to strict guidelines. Learn about your rights at DWI checkpoints.
Read more →New Regulations Against Multiple DWI Convictions
New York State DMV regulations impose lifetime bans and extended revocations for drivers with multiple alcohol or drug-related convictions.
Read more →Roadblocks/Sobriety Checkpoint
Law enforcement uses roadblocks to investigate VTL 1192 violations, but must comply with constitutional requirements established by key court decisions.
Read more →Suggestions During Law Enforcement Encounters
Practical tips for keeping encounters with law enforcement cordial and protecting your rights during a traffic stop.
Read more →Tougher DWI and Texting While Driving Laws
New laws bring increased fines for texting while driving and harsher penalties for repeat DWI offenders in New York.
Read more →Admission of a Breath Test Score
People v. Donaldson established key foundation requirements that must be met before a breath test score can be admitted in court.
Read more →Can a DWAI Conviction Be Expunged?
New York does not expunge records, and VTL 1192(1) DWAI convictions are specifically excluded from sealing provisions.
Read more →The Extrapolation or Relation Back Defense
The law requires BAC of .08% at the time of operation, but testing may occur up to two hours after arrest. This gap creates a viable defense.
Read more →Constructing the Client's Defense
Understanding the basic statutory elements in VTL 1192 is essential to constructing a strong defense in DWI cases.
Read more →Challenging Intoxication or Impairment
People v. Cruz established the legal definitions of intoxication and impairment under VTL 1192, providing important defense opportunities.
Read more →NY Court Struck Down Aggravated Harassment
In May 2014, the New York Court of Appeals struck down PL 240.30(1) aggravated harassment in the second degree as unconstitutional.
Read more →What Constitutes Operation of a Motor Vehicle
People v. Zervakos established key factors courts consider when determining whether a person was operating a motor vehicle.
Read more →VTL 1192-2 vs VTL 1192-3 Distinction
People v. Miller clarified that VTL 1192(2) and 1192(3) are separate crimes with distinct elements and different bases for conviction.
Read more →Arrested After a DWI Checkpoint?
The Supreme Court ruled that DWI checkpoints do not overwhelmingly intrude on Fourth Amendment rights, but police rights at checkpoints are not unlimited.
Read more →Driver's License Challenges for Multiple Offenders
New DMV regulations issued at Governor Cuomo's direction impose permanent revocation and extended re-licensing delays for repeat offenders.
Read more →Can I Get Into Canada After a DWI?
A DWI conviction can prevent entry to Canada. Learn about Temporary Resident Applications, Rehabilitation applications, and Deemed Rehabilitation.
Read more →Do Police Need a Warrant to Search Your Cell Phone?
Two landmark Supreme Court cases examined whether police need a warrant before searching your cell phone during an arrest.
Read more →Pay Your Taxes or Lose Your Right to Drive
A Governor Cuomo initiative allows the NYS Department of Taxation and Finance to suspend driver's licenses for tax debts exceeding $10,000.
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