New York DWI Arrest Guide

In order for the prosecutor to prove that you were driving while intoxicated the police officer’s observations and opinions as to your level of intoxication have to establish that you were “under the influence” not just that you had consumed alcohol. It is not illegal to consume alcohol and drive if your consumption does not [...]

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Below I will review a few additional potential Drunk Driving (DWI / DUI) Defenses. Miranda Warnings Oftentimes police officers fail to give proper Miranda Warnings to motorists when they question them and gather incriminating statements. These statements may be suppressed if the Miranda Warnings were not given at the appropriate time and in the appropriate [...]

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There are several Potential Drunk Driving (DWI / DUI) Defenses. Below I will review a few. Operation: The prosecutor must prove beyond a reasonable doubt that you were driving and that that the driver was intoxicated, it is not enough for a conviction to simply prove intoxication. Proving operation may be difficult if, as in [...]

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In New York DWI and DUI are used interchangeably outside the courtrooms and in everyday language. Since there are no references in the New York law to DUI as a legal term most attorneys and judges will simply refer to drunk driving cases as DWI cases. DWI stands for driving while intoxicated, DUI means driving [...]

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When a police officer first encounters a motorist and suspects that they are under the influence of alcohol or drugs, the police may question the motorist while conducting their initial investigation. The police may be able to lawfully gather information from you at this early stage of their encounter with you and not have to [...]

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Under certain circumstances an experienced DWI attorney can get your refusal to submit to a breath test excluded from evidence against you in court. There are several grounds that an attorney may bring up in court on your behalf to get this done. For instance if the refusal to submit to the breath test took [...]

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In New York a conditional drivers license allows a person to drive to and from certain places, such as to and from and during work or school, while that person’s drivers license is suspended or revoked as a result of a DWI or DUI conviction. To be eligible for the conditional license the motorist must [...]

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The police employ sobriety checkpoints to screen and arrest drivers that they determine are driving under the influence of alcohol and or drugs. You may believe that if you have been charged with driving while intoxicated (DWI/DUI) based upon a sobriety checkpoint stop that you would have no defense. That could not be further from [...]

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In New York most drivers that encounter the police within the context of driving while intoxicated are asked to take a breath test. Sometimes the police have you perform a breath test in the street. If you refuse that “street” breath test you should not be deemed to have refused because that is not the [...]

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