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In New York State, it doesn’t matter how many drinks you have had, it’s how the alcohol affects your Blood Alcohol Level.  If you drive one day or evening with a B.A.C. over over .08%, you will be arrested and charged with a DWI.  Below are some frequently asked questions that you need to know if you ever get pulled over for suspected DWI.

What You Should Do When Pulled Over for DWI1.) What You Should Do When Pulled Over for DWI

If you get pulled over for a DWI in the city of Buffalo, there are certain things you need to remember. One, be cooperative and polite with the police. Being cooperative with the police and being polite doesn’t mean making their case for them. You do not have to answer any questions about whether you were drinking or not. You do not have to take any roadside field sobriety tests, nor do you have to submit to a roadside Alco-Sensor or portable breath device. When you’re back at the station, you do have a right to refuse to take a breathalyzer or any alcohol or chemical test at the station. Be advised there are penalties for refusing to take a chemical test that are separate from the court and are administered by the Department of Motor Vehicles.

Summary:

  • Make sure you are polite and cooperative with the police
  • However, you don’t have to answer any questions in regards to how much you have drank
  • You do not have to take any sobriety tests
  • If you don’t take the sobriety tests there will be penalties administered by the Department of Motor Vehicles

What to Expect if You Get Arrested for a DWI2.) What to Expect if You Get Arrested for a DWI

A first time offender in New York State who’s convicted of driving while intoxicated will have a criminal conviction. This will appear on your record both for your DMV and a criminal history the rest of your life. It is not sealed. It is not expunged. It will never go away. The first time penalty for driving while intoxicated in New York State, is a six month revocation of your license, a $500 minimum fine, and a $400 mandatory state surcharge. You will also have to install in your vehicle an interlock ignition device at your expense for at least six months. There is an installation cost and a monthly cost of having the interlock ignition device in your vehicle. You will also have to attend a victim impact panel. That is one class where you will meet people who have relatives or they themselves were victims of potential DWIs or accidents of someone who was DWI. In order to get a restricted or conditional license during the period of your revocation, you’ll have to attend a DDP program. This is a program that is offered to give you a restricted license during the period of your revocation. The courts may, on their own discretion, impose other conditions. Sometimes it’s community service, sometimes it’s counseling, but there are a wide variety of options open to them.

Summary:

  • You will still be given a permanent criminal conviction
  • A penalty for a first time offender is a 6 month suspension of your license, a $500 minimum fine, and a $400 surcharge.
  • You will may be required to install an inter-lock device in your vehicle at your expense for at least 6 months, plus monthly fees.
  • You will be required to attend a victim-impact panel

The Cost of a DWI Lawyer3.) The Cost of a DWI Lawyer

There is no set answer for that. Each case is determined on its own facts and circumstances. I will look at your case, assess it, and then you give you an option of whether the case should go to trial or whether it should be worked out as a plea. If it’s worked out as a plea, the attorney’s fee is typically lower. If we go to trial, it is typically a higher fee.

 Summary:

  • Each case is determined on its own facts and circumstances.
  • I will look at your case and determine whether it will go to trial or there will be a plea
  • If the case gets worked out as a plea the expenses are typically less expensive than if the case goes to trial

 The Timeline of a DWI Case4.) The Timeline of a DWI Case

There is no set answer. Each case is unique and based on the facts of your arrest. In Erie County it typically takes anywhere between two to four months to resolve a DWI case. However, if you have a complicated case and a complicated set of facts it could take longer, sometimes up to one year.

Summary:

  • Every case is unique so the timeframe will vary
  • Usually, it takes 2-4 months to resolve a DWI case

 


traveling-to-canada-with-a-dwi-conviction5.) Traveling to Canada with a DWI Conviction

If you are convicted of driving while intoxicated by alcohol, driving while impaired by alcohol, or impaired by either alcohol or drugs, the Canadian authorities will exclude you from entering Canada for a minimum of five years. After five years, you may apply for a minister’s permit to get special permission to enter Canada if you satisfy certain conditions. After ten years, you may be admitted to Canada without any restriction.

Summary:

  • Canada will exclude you from entering for 5 years, which after that you can apply for a permit.
  • After 10 years, you will have no issue entering canada without restrictions.

Were you or a loved one arrested one night for a DWI and need all the legal help they can get?  Let Arthur Pressman be your ticket to justice when you have been arrested for a DWI.


This education blog was brought to you by Arthur Pressman, a dedicated DWI Attorney in Buffalo NY with over 30 years of experience in the field.

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