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Posted on Dec 15, 2020

Sharifov & Associates, PLLC

DRIVING WHILE INTOXICATED - DWI. There are several scenarios, how a drunk driver gets arrested by police. First, the driver gets into an accident. Second, the driver is stopped for any traffic infraction & after the stop, police officer notices that driver is drunk. Also, the driver may be asleep behind the wheel of the parked car with an engine running; or undercover police officers followed people exiting bars or restaurants. Under the law, if you are driving, you are giving implied consent for a chemical test on a lawful request from the police. In case of a test refusal, the driver will be issued a Notice of DMV refusal hearing, where Judge is likely to revoke your license. Under NY law, operating a motor vehicle with BAC of 0.08% or more is a crime, punishable by up to one-year jail, up to 3 years of probation, fine, various alcohol treatment programs, revocation of driver’s license for 6 months or one year, mandatory installation of the Ignition Interlock device on any car the driver owns or operates for period of at least 1 year. There are harsher penalties for repeat offenses or where children were passengers. If BAC of the driver is above 0.05% but less than 0.08%, such driver may be arrested & charged with DWAI, which is equivalent to a traffic infraction and is not a crime. DWI cases are difficult, have harsh collateral consequences & take a long time to resolve. This is why you should consult an experienced criminal defense lawyer specializing in DWI to handle it.
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