July 7, 2017
If an out-of-state resident is convicted of driving under the influence of drugs or alcohol in New York, the state treats all prior DUI-related convictions as though they had occurred in New York for sentencing purposes. But in order for the conviction to transfer, the out-of-state offense must be based on a law that is analogous to a similar New York law. Having prior DWI convictions can have a serious impact on how new offenses […] Read On
June 9, 2017
Technically, expunging a criminal record is not permitted in the state of New York. It is possible, however, to have a criminal record sealed, which means that it will not be destroyed, but will be hidden from public view. Only certain individuals qualify for record sealing, so if you have questions about what is required to have your record sealed, it is critical to contact an experienced criminal defense attorney who is well-versed in state […] Read On
May 29, 2017
Although many drivers believe that DUIs and DWIs are interchangeable terms, the reality is that the two charges are very different. For instance, a DWI refers to when a driver’s blood alcohol content level (BAC) measures 0.08 percent or higher. DUIs, on the other hand, are charged when a driver’s BAC is lower than 0.08 percent, but he or she is still intoxicated, or is under the influence of drugs. The penalties for various drunk […] Read On
May 19, 2017
After a person is convicted of a crime, he or she is often able to avoid jail time by agreeing to a term of probation. In order to remain on probation and out of prison, the defendant must comply with specific conditions. Remaining free of additional arrests is just one of the conditions required of probationers. Failing to fulfill these responsibilities can have serious consequences, including jail time and heavy fines, so if you have […] Read On
May 9, 2017
The state of New York tracks crime statistics by state and county (plus NYC) going back to 2007. We took a look at the DWI stats for New York City in 2016, and the results were alarming.
Many people believe that an out-of-state DWI conviction has no repercussions in their home state of New York. In reality, New York is party to the Interstate Driver’s License Compact (IDLC), which requires each member to treat out-of-state convictions for drunk driving as if they had occurred in their own state. However, a conviction will not transfer if the prosecutor cannot establish that the out-of-state DUI offense was comparable to a similar offense in the […] Read On
April 28, 2017
A person convicted of driving while intoxicated (DWI) faces serious criminal penalties, including jail time and hefty fines. However, this is not the only thing that defendants have to worry about, as offenders also face temporary and in some cases, permanent suspension of their driver’s licenses. In certain situations, it is possible to receive a conditional license that allows the driver to travel to and from work or school, but obtaining them can be difficult, […] Read On
April 20, 2017
In New York, a person’s driver’s license can be revoked for any number of reasons, including driving while intoxicated (DWI). Having a suspended or revoked license can make day to day life extremely difficult. For instance, those who do not live within walking distance of work may be required to carpool with a colleague or use public transportation to get to work on time. Not having a license can also make it nearly impossible to […] Read On
April 10, 2017
One of the most common methods used by law enforcement when determining whether a person is intoxicated is a breathalyzer test. In New York, a person can be arrested for driving while intoxicated (DWI) if the results of this test demonstrate that he or she has a Blood Alcohol Concentration (BAC) of .08 percent or more. However, police officers can take other evidence into consideration after pulling someone over, including observations of slurred speech, an […] Read On
March 29, 2017
In New York, driving under the influence of marijuana falls under the category of Driving while ability impaired by a drug (DWAI/drug) or if a driver had consumed both drugs and alcohol, driving while ability impaired by a combined influence of drugs or alcohol (DWAI/combination). Both of these offenses have serious consequences, so if you were arrested in New York for driving while under the influence of marijuana, it is critical to contact an experienced […] Read On