New York DWI/DWAI Law Blog

How does a Breathalyzer test refusal affect my case?

Many New York residents have to face charges of intoxicated driving at some point during their lives. They likely know how serious these types of offenses are considered and are aware of the potential punishments. They might mistakenly believe that if they do not submit to testing for their blood alcohol content, that it will work in their favor, but that may not be the case. A Breathalyzer test refusal can have significant consequences of which accused persons need to be aware.

Here in New York, refusing a Breathalyzer test can have immediate consequences. It can result in a revocation of one's driver's license for a year. A fine may also be issued in addition to potentially impacting one's car insurance. The fact that a person is driving is typically enough to demonstrate what is known as "implied consent," meaning that a driver consents to blood alcohol testing in exchange for being allowed to drive. Not submitting to such testing means that the driver is surrendering his or her driving privileges, in the eyes of the law.

New York State Police plan DWI enforcement for Labor Day

Summer is winding down, and many families are planning one last trip before the weather changes. Many will use the upcoming Labor Day holiday weekend as an opportunity for a family get-together, and some of these gatherings will involve the consumption of alcohol. New York State Police have warned motorists that they are going to be launching a special campaign to look for drivers who may be intoxicated and will not hesitate to charge someone with a DWI when circumstances warrant.

The program is known as the “Drunk Driving, Drive Sober or Get Pulled Over Campaign”. With it will come an increase in DWI checkpoints and an increase in the amount of patrolling police officers, including unmarked police cars. The program will last from Aug. 15 through Sept. 1.

New York man faces reckless driving charges after fatal accident

When someone stands accused of causing a fatal car accident, it should never be taken lightly. Whether the driver is alleged to have caused the accident by reckless driving, failing to obey traffic signals and signs or other violations, a resulting fatality will be considered very seriously by prosecutors. Recently, a man here in New York was accused of causing a fatal accident, and he is facing several traffic violations that could result in jail time if he is found guilty.

According to the authorities, the man in this story was traveling at a high rate of speed on a state route when he allegedly tried to pass a car in front of him and struck an oncoming SUV. All four of the people in the man’s car, including him, were ejected from his car. One passenger passed away, while two other passengers had to be rushed to area hospitals. Two people in the SUV had to be transported to hospitals as well. It is not clear if the driver was injured at the time of the crash, though he is currently in custody at a correctional facility.

Gov. Cuomo signs harsher law for repeat DWI offenses in New York

When someone in New York is convicted of driving while intoxicated, they are likely aware of the potential punishments they may face. What they might not be privy to is what could happen to them if they are charged more than once with a DWI. Governor Cuomo recently signed a law that gives judges the power to enforce stricter punishments on those with multiple DWIs in their history, and it has the potential to severely affect many in the state.

The new law is an amendment that provides for those who are convicted of more than one DWI in a 15-year period to have the charge raised to a felony. The previous law only applied to those who had more than one DWI within 10 years. A conviction under these new terms lengthens the potential jail time to seven years and allows judges to impose fines up to $10,000.

New York man refused a Breathalyzer test at police department

When a person is accused of a DWI, the effects it can have on other aspects of his or her life may not be well-known. In addition to possible jail time or hefty fines, the defendant may have trouble securing eventual employment. The future of one New York man remains uncertain,after he was recently arrested for a DWI. The police say that he refused a Breathalyzer test.

Authorities report that the man in this story arrived at a police station to pick up another person who was being released from custody. The charge that the other person was accused of is unrelated to this incident. When police were interviewing the man, they grew suspicious that he might be intoxicated. They claim that he smelled of alcohol and was displaying other physical signs of inebriation.

DWI charges in New York for man with revoked driver's license

When drivers are accused of driving while intoxicated, that charge alone is enough to dramatically alter their lives. If it is coupled with other factors, such as a previous conviction or a revoked driver's license, it can be even more problematic. People in that category might face even harsher punishments if convicted. An out-of-state man was recently charged with a DWI here in New York, and authorities say his personal circumstances could mean that he will see repercussions throughout his life.

According to authorities, the man in this case was driving on an interstate very late at night. He was allegedly traveling in the wrong direction, but police did not report any injuries or accidents from the incident. Police arrested the man and charged him with felony DWI, due to a prior conviction. He faces additional charges relating to the absence of an interlock device that might have prevented the car from being started, reckless driving and driving with a revoked license.

New York man charged with second DWI in 10 years

The recent Fourth of July holiday was a time for many families to get together and celebrate. As is the case with many celebrations, there are those individuals who likely consumed alcohol as part of the festivities. During the entire weekend, state and local police in New York were on patrol and watching for signs of suspected impaired driving. One man was arrested and charged with a DWI on the holiday after he allegedly crashed his vehicle.

The accident happened late at night on the Fourth. The driver apparently crashed his vehicle after -- as state police allege -- consuming alcohol. He submitted to a breath test, which measured his blood alcohol content to be over the legal limit. Because the man had apparently been convicted of DWI on a prior occasion within the preceding 10 years, the charge was raised to a felony.

New York teen faces accusations of drunk driving after crash

When drivers in New York are accused of driving while intoxicated, most of the time they have the legal right to consume alcohol in the right circumstances. For drivers under the age of 21, if they are caught operating a vehicle while intoxicated, they not only have to contend with a accusations of DWI but also with potential charges of underage drinking. One local teen is facing this exact dilemma after police say she was caught drunk driving.

The teen was arrested after apparently crashing her vehicle into a guardrail very late at night on an expressway. When police arrived on the scene, they say she told them she was heading to pick up her mom at an undisclosed location. They allege that she showed physical signs of intoxication and smelled as though she’d consumed alcohol. According to the officers, she stated she’d consumed one beer.

New York cite illegal blood alcohol content as factor in crash

Drunk driving charges can result in drastic changes in a person's life. If the person is convicted, he or she may be incarcerated or have to pay heavy fines, in addition to other potential punishment. A New York man stands accused of causing a serious traffic accident, and police say they have reason to believe that he was intoxicated at the time of the crash due to his measured blood alcohol content.

The event occurred in the early evening on a recent weekend when a man driving an SUV allegedly struck a motorcycle carrying two people. Both the driver of the bike and his passenger -- a man and woman, respectively -- had to be rushed by airlift to a nearby hospital for treatment. The driver of the SUV was uninjured. The police claim that his blood alcohol content was well above the legal limit, though they have not disclosed how they arrived at that conclusion.

Man accused of DWI driving with child in vehicle

Charges related to drunk driving are serious enough on their own. Those who are accused of the crime can see their lives change in an instant, potentially affecting both their personal and professional spheres. When the possibility exists that an intoxicated driver might have endangered someone else’s life, the severity and amount of charges related to the incident can increase, meaning the possibility of a harsher punishment is higher. A New York man is now facing multiple charges relating to his DWI arrest that involved two passengers, one of whom was a child.

Local authorities say the incident occurred on a recent afternoon. The man in this case was stopped after an officer observed his driving behavior, who said the driver failed to maintain the lane he was in. The policeman suspected the driver was intoxicated, though there is no word on exactly how the officer arrived at that conclusion.

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Karen A. Friedman
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