New York DWI Attorney | New York DWAI Attorney

New York DWI & DWAI Arrest Attorneys

It is an unsettling feeling for all involved when a friend or family member has been arrested and charged with driving while impaired or intoxicated as a result of alcohol or drugs. The laws surrounding these types of cases have changed significantly over the last several years. We are sure that you will have numerous questions that need to be answered about what to do or how best to help someone you care for. Pappalardo & Pappalardo has learned over the years that there are certain particular questions asked by our clients when it comes to cases involving alcohol-related offenses. Our firm is here to answer those questions.

Understand New York DWI/DWAI Laws
: We have summarized some of the many changes to the law surrounding DWI/DWAI prosecutions that took effect in recent years in New York. However, each court can and does interpret these newer sections of the law differently at times. Therefore the advice given by our drunk driving defense attorneys is subject to the justice system as they continue to interpret the changes in the new laws.
We have put together several sections of the law which, in our experience are the most common areas that clients ask us about:

DWI/DWAI and mandatory NYS Driver’s License Suspensions: One of the first concerns of clients, whether they are arrested in Manhattan, Bronx, Brooklyn, Queens, Westchester, Rockland, or any upstate county deals with Suspensions Pending Prosecutions pursuant to Section 1193(2)(e)(7) of the Vehicle and Traffic Law. If you have consented to take the breathalyzer test at the police station (not the roadside hand held test called an Alco-Sensor) and you register a .08 or more, then your license will be suspended at your first court appearance, commonly known as your arraignment. This suspension pertains to both New York licensed drivers and any licensed out-of-state driver. The only difference is that an out-of-state licensee will only have his privilege to drive in New York suspended at his arraignment while retaining the ability to drive in all other 49 states.

Conditional License
: Yyou will be eligible for a conditional license if you hold a valid driver’s license prior to the suspension pending prosecution and as long as you did not have a prior conviction for Driving While Intoxicated or Impaired, or have completed the Drinking Driver Program within the preceding five years.

Your Ability to Work: The laws of New York provide for what is called a Hardship License when the court, at arraignment, suspends your ability to drive because of the results from your breathalyzer test. This type of license is limited in nature and is not automatically given by the courts. A complete review of your case with us is important in order to make an effective application to the court at arraignment to secure this privilege your case is pending. This type of privilege does not apply where an individual refuses to submit to a chemical test.

Refusal to Submit to a Breath Test
: As mentioned above, the police may initially request that you blow in to a handheld device when you are first stopped (Alco Sensor or screening device). Refusal to take this field sobriety test will not invoke the harsh penalties associated with Section 1194 of the Vehicle and Traffic Law. Once you have been arrested, the police will most certainly request that you submit to a breathalyzer, urine, or blood test. Refusal by you, of participating in this request will result in a mandated suspension of your license at your arraignment, which generally takes place during your first appearance in front of a Judge.

You will then be required to turn over your New York State driver’s license and the court will thereby suspend your license/privilege to drive. In addition, the court will schedule a hearing for you with the Department of Motor Vehicles within 15 days. If you have an out-of-state license the court has no authority to have you take your license. However, they will suspend your privilege to drive in New York pending your DMV refusal hearing. This hearing must be scheduled within 15 days of your arraignment or your license will be reinstated by the Department of Motor Vehicles. This issue is separate and distinct from your criminal defense.

The refusal hearing discussed above is conducted at the Department of Motor Vehicles in front of a DMV Administrative Law Judge. Loss of this hearing will result in the revocation of your license for at least one year. It is essential that you seek out the assistance of an experienced DWI defense lawyer to represent you at this hearing to make sure that your rights are properly protected.

Financial Penalties for Breath Test Refusal in New York State: The financial penalties associated with the revocation of your license are also significant. Civil penalties and assessments from the DMV will total at least $1,250 should you be found to have refused to take the chemical test. These amounts are in addition to any fines imposed by the court if you are convicted of DWI or DUI charges. Therefore, it is imperative that you seek out the assistance of an experienced DWI defense lawyer to represent you at this hearing.

Consult Experienced DWI/DWAI Defense Lawyers: Have you been charged with DWI or DWAI in New York? Call Pappalardo & Pappalardo now at (914) 725-7000. Contact our New York DWI Defense Attorneys as soon as possible if you have been charged with DWI or DWAI. DWI & DWAI charges are very complex. You need an experienced DWI defense lawyer to help you. From our centrally located offices near the courthouses in Westchester and New York City, we serve clients throughout Manhattan, Bronx, Brooklyn, Queens, Staten Island, Westchester, Putnam, Rockland, or any upstate county.

Contact Us Now…

phone: (914) 725-7000
fax: (914) 725-1700

Pappalardo & Pappalardo, LLP
700 White Plains Road, Ste 355
Scarsdale, NY 10583

24 hr emergency contact:
John - (917) 940-5556


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Current Cases & News

Mar 3, 2011 - Pappalardo & Pappalardo defense of former Eastchester Police Officer James Pileggi results in a hung jury. Judge Zambelli declares mistrial.
News 12 story here.

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