New York Drunk Driving Defense/DUI/DWI Frequently Asked Questions
What is DUI/DWI?
DUI is shorthand for Driving Under the Influence. DWI means Driving While Intoxicated by Alcohol or Driving While Impaired by Drugs. In New York, drunk driving is normally referred to as DWI. A person is guilty of DUI/DWI if he or she drives, or is in actual physical control of a motor vehicle and is under the influence of alcohol or any chemical or controlled substance to the extent that his or her mental faculties or physical abilities are diminished so that he or she can not operate their vehicle as a reasonable person would, or when his or her blood alcohol level (BAC) is above the legal limit for the state.
Is there any way to avoid a DUI/DWI?
It sounds simple, but don't drink and drive. Take a taxi, designate a driver, walk, call a friend, but no matter what, do not drink and drive.
Can I still be in trouble for driving, even if my BAC is below the legal limit?
Yes. It is also unlawful to drive with your normal faculties impaired. Normal faculties are those faculties of a person, such as the ability to walk, talk, judge distances, drive an automobile, make judgments, act in emergencies, etc. You can be charged with Driving While Impaired by Alcohol even though your reading is below .08. Normally this charge requires a reading of .06-.07. However, since the legal drinking age is 21, New York has a "no tolerance" policy for drivers under the age of 21 who drink. If you are under 21 and have a reading over .02, you will be charger with DWI.
Does the car have to be moving for me to be guilty of DUI/DWI?
No. You need not actually move the car in order to be arrested. You can still be found guilty if you had the capability and power to direct or operate the vehicle. In other words, simply sitting behind the wheel with the engine on and with the intention of driving can lead to your arrest for DWI.
Do I have to submit to a breath, blood or urine test?
No - but you better understand the consequences if you don't. Driving is a privilege, not a right. When you get your license, you agree to take these tests if you are stopped for a possible DWI violation. If you refuse these tests, when you are brought before a judge for arraignment, your license will immediately be suspended. You will be scheduled for a "refusal hearing" at the Department of Motor Vehicles within 15 days of your arraignment. At that hearing, unless you had a legal reason to refuse the test, your license will be revoked for 6 months ( 1 year if you are under 21). This revocation remains in effect even if you are found "not guilty" of the DWI charge in court. If you have refused to take the test, you need an experienced DWI attorney from Hopkins & Kopilow to help you at arraignment and at your refusal hearing.
If I take the breath, blood or urine test but fail it, what will happen?
If you fail the test ( i.e. you have a reading of .08 or greater - .02 or greater if you are under 21) your license must be suspended for at least 30 days at your arraignment. But if the suspension would cause you an "extreme hardship," then that 30 days suspension can be avoided. At Hopkins & Kopilow, we know that you must ask for a "hardship hearing" at your arraignment. We will do that for you and will prepare you for the hardship hearing so that you will have the best chance of avoiding the 30 day suspension. Also as part of the final disposition of your case, we will, if you are eligible, get you a 20 day stay of any suspension and tell you how to get a "conditional" license during that 20 day period. In this way Hopkins & Kopilow may be able to help you avoid any real suspension of your driving privileges, even if you are convicted of DWI.
Under what circumstances should I take or refuse the breath, blood or urine test?
Generally, if this is your first arrest for DWI, it is advisable to take the test - unless you have been involved in an accident where someone has been seriously injured or killed.
If I am arrested for possession of drugs, how is the weight determined?
Although the police can not include the weight of the packaging, in most cases it doesn't matter if the drugs are pure or not. If you are charged with possessing drugs like heroin or cocaine, you will be charged with the weight of the entire package (aggregate weight), whether it is 1% or 100% pure drugs.
If you have charged with drunk driving, DWI or other serious traffic infraction, do not try to take on the governmental opponent by yourself, contact Hopkins & Kopilow today to protect your rights and safeguard interests!
