New York DUI Facts

Every case is different and there are no guarantees. Below are rough answers to some questions we hear frequently.

Q: Where are we in a position to a plea bargain?

A: In general, can get a good lawyer reduces a first charge on a DUI-DWAI violation. In some countries it is more difficult to reduce, if a DWI is your blood-alcohol concentration (BAC) is particularly high. The individual prosecutor may have a specific number in mind. Some means that more than 0.15. For others it may be 0.18 or 0.20.Others will agree to a plea bargain regardless of the BAC. Other factors could prevent plea bargain to one, for example, if the charge arose from a serious accident if you have a criminal record, or if it is not the first DWI on your record. In such cases, a good lawyer might be able to reduce later, when they can get to find a weakness in the case of Public Prosecutor. It may be possible, a reduction even with a high BAC, if you get a substance abuse assessment and treatment in line with theRecommendations from the evaluation.

[Update: Effective in 2007, a BAC of 0.18 results in generally free of charge in a very serious DWI. In such cases it is usually difficult to reduce costs DWAI obtained if a lawyer will usually regularly DWI reduced - not much but a bargain.]

Q: Do I need a lawyer?

A: No, if you plead guilty to the charge, or if you try to negotiate for yourself, you do not need a lawyer. In many courts, a goodLawyer, you get a better deal than you get for yourself. Even a good lawyer might be able to weaknesses in the prosecution against you on the spot. A very experienced DWI lawyer knows the ins and outs of these questions better than non-lawyers and better than most regular lawyers.

Q: Do I have to come to court?

A: Usually. Some out-of-state or out-of-area clients may not have to come to court when a lawyer appears for you. Other than that, NY DUI defendants have come toCourt. You have shown your license, and the judges want to ensure that you understand what you have to do. We have represented clients from other countries and remote parts of New York State (eg New York), without appearing to our customers. Many judges are uncomfortable with it, but so far nobody has refused to allow it. We've even done with a local client, where he made the state visit to his mother in the hospital. But in general,is for local clients, you must appear.

Q: Will my insurance rates go up?

A: Probably for New York drivers, and perhaps out-of-state drivers. A DUI conviction is on your New York driving record reported. When giving your insurance, will almost certainly increase in the prices. In some cases your insurance will drop you as a customer and you have to the assigned risk pool, where interest rates are significantly higher type. It is possiblethat your insurance is not available, then you should not your prices go up. If you are from out-of-state, one can not New York DUI conviction on your license or insurance, except in Quebec and Ontario. In our experience, reporting the DUI is compatible affairs of other states. They should be reported by the Driver License Compact, but many of our customers are not affected. On the other hand, some have been affected by them.

Q: Can we bridge thefree?

A: Maybe. Most DUI costs are tough to beat, and it will do much more than a business to fight costs. The police generally do a good job and the hard truth is that most defendants are guilty. But the police sometimes slip. You can not have a good reason, was to stop the car. You may not have enough evidence to have a BAC test requires. They may have done wrong tests. You have credible witnesses who can say you are not intoxicated. A good lawyer can review theseQuestions with you and give you better answers.

It makes more sense to fight DUI if you had a previous DUI convictions (including DWAI) in the last 5 years, as you probably impossible for a conditional license.

[Update: Based on some recent changes in the DUI laws in New York and other factors which we generally believe that most cases must be fought, at least on a motion and hearing. I discuss this in the last two articles, one on DWI and DWAI and others onAggravated DWI.]

Recent examples of DUI cases, we are fighting, where our customers were stopped by police for running a stop sign in a parking lot (usually not illegal), and others where our client fell asleep at home when the police to it (the BAC test was likely invalid).

Q: What needs to pay lawyers for this?

A: The fees vary for DWI cases. There are some lawyers who charge as little as $ 350. I know of a lawyer who starts in the neighborhood of $ 5000 Most good DWILawyers charge a minimum of $ 1000, because of the amount of time in reviewing the case and ensure that the correct result, and because of the danger that they will return several times involved.

[Update: I found out that the expensive lawyer I referenced above, actually starts at $ 7500 He's pretty good.]

Q: What is the difference between DUI, DWI and DWAI?

A: DWI stands for Driving While Intoxicated, either a specific numerical result of 0.08 BAC or higher(V & T Law Section 1192 (2)), or a general notion that you are drunk, proved by the testimony and other evidence about the nature of your disability (1192 (3)). DWAI) stands for Driving While Ability Impaired (1192 (1) and is generally considered to be, if the BAC result is higher than 0.05.

DUI stands for Driving under the influence and is a general term in the U.S. for the topic. The term DUI is not commonly used in the legal system in New York State.

According to V & TLaw 1193, the first and second convictions for violation of DWAI are - they are not crimes, and you can not have a criminal record for a violation. A third DWAI is a misdemeanor. A first DWI is a misdemeanor. Later on DWI charges can be felonies.