DWI in New York: Everything You Need To Know скачать в хорошем качестве

DWI in New York: Everything You Need To Know

DWI in New York: Everything You Need To Know What is a DWI? DWI is a case that you see a lot as a prosecutor, you see a lot as a defense attorney. We’ve represented a lot of people for driving while intoxicated and there's a couple of different types, your classic Driving While Intoxicated Case is usually a two-charged case. There's two types of DWI – DWI stands for driving while intoxicated. A lot of people refer to it as driving under the influence, that’s for another state. We’re in New York. Driving while intoxicated is one of two things – The police are alleging that the driver: 1. ) Did not have the ability to drive as a reasonable and prudent driver, meaning the driver didn't have the physical and mental ability to drive as a reasonable and prudent driver. OR 2.) The other type of DWI is all based on a breath test. So driving on a public highway with a blood alcohol content 0.08 or greater. To recap, there are a few tests to go through: Refusal test, breath test, and sometimes blood tests in some circumstances. When an officer makes a decision to arrest, he's basing that on what his observations are and his investigation at the car. Then the officer will usually take somebody back to their barracks and try to do the breath test. If they get the breath test, they charge the second type (.08 or greater). If they don't get the breath test, then they do a “refusal.” Do they always take you back to the barracks? They're on site. There's two different types of breath tests. There's one that's called a preliminary breath test in the field. Everybody calls it PBT. Which is a little roadside breath test that the police can administer. And a lot of times they do. But it's been determined that it's not admissible in court. So a lot of times they'll pull out this little gadget and have someone blowing it. And it does produce a number and in some cases, that number will be in the police paperwork. Otherwise, a lot of times you'll just see positive or negative. And usually in these cases it'll just say positive. And then they go back and they at the barracks do the formal breath test using their fancier equipment. What are the elements of a DWI charge? The elements of a DWI charge is what the prosecution would have to prove to prove someone guilty of a DWI. They would have to prove that this was on a public highway and that there was intoxication. Again, there's two different ways of doing that, depending on the charge. It could be based on the officer's observation that the person couldn't drive as a reasonable and prudent driver or the breath test. It can get pretty confusing because you'll see cases that are “operations.” They're accusing the person of operating, yet the car's stopped or that the car's not turned on. Same with public highways. We've seen DWI cases in parking lots, and there's a whole analysis you go through to find out if a parking lot is a public highway or not. Technically, it’s four or more spaces. What is the difference between a DWI versus a DWAI (driving while ability impaired)? DWI is driving while intoxicated. DWAI is really driving while ability impaired by the consumption of alcohol. So it's driving while ability impaired by alcohol is the lesser of the two. Driving while intoxicated is more serious and there's a lot of big differences between them. The big difference is if you're convicted or plead guilty to one of these, the punishments that come along with a driving while intoxicated conviction, there's a six month license revocation for an impaired. There's only a 90 day suspension, driving while intoxicated is a misdemeanor. Driving while ability impaired is a violation level offense. There's a requirement to have a breathalyzer in the car that has to go in the car for a year. You can make an application after six months to have that taken out of the car and then it's up to the judge. There is not a requirement on a DWIA (driving while ability impaired). So there's a big difference in fines and surcharges. If you have been charged with a DWI in the State of New York, contact King Law Attorneys today to see if we can help.