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 →DWI News
Important updates and legal insights on DWI law in New York.
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 →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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