How New York Police Use Field Sobriety Tests to Build a DWI Case
If you are arrested for DWI in New York, the case often begins long before the Breathalyzer or other chemical test is administered. It begins on the side of the road—with the police officer’s observations, questions, and field sobriety testing. Field sobriety tests are designed to give an officer additional information when deciding whether a […]
New York DMV Laws for DWI Repeat Offenders: What Happens to Your License After a Second, Third, or Subsequent DWI?
A repeat DWI in New York can create two separate legal problems: the criminal case and the Department of Motor Vehicles (DMV) case. Many drivers focus almost entirely on the criminal penalties—jail, probation, fines, ignition interlock, and other sentencing consequences. But for someone who already has a DWI history, the DMV consequences can be just […]
New York State Looks to Lower Blood Alcohol Limit
A Step Towards Safer Roads by Lowering BAC to .5 New York State is considering a significant change to its drunk driving laws by lowering the legal blood alcohol concentration (BAC) limit from .08 to .05. This proposal aims to reduce the number of alcohol-related accidents and fatalities on the state’s roads. The initiative has […]
How accurate is the breath test?
Breath test machines are accurate with a margin of error of around .01%. In a case where the BAC is barely over the legal limit, it is difficult for a prosecutor to prove beyond a reasonable doubt that a driver was operating a vehicle while over the legal limit. Following proper procedure is critical to […]
Is a DWI/DUI a felony?
In New York State a first offense DWI/DUI is generally charged as a misdemeanor with some exceptions. If you have a child in the car, the DWI/DUI charge can be elevated to a felony. For the most part, however, a first offense is charged as a misdemeanor and is usually pled down to a traffic […]
Can a passenger get charged with allowing an intoxicated person drive their car?
I am licensed to practice law in New York as well as Tennessee. In Tennessee you can get charged for allowing an intoxicated person to drive if you are in the vehicle with them. In New York that is not the law yet. However New York does make it a criminal offense to facilitate aggravated […]
Is it illegal to drink and drive on a lawn mower?
The answer is yes if you are on a public road. For instance, you cut your grass and drink a few beers. You then decide to be a nice neighbor and drive down the street to cut you neighbor’s lawn. If you get pulled over on your street, you are subject to the same drinking […]
If I am pulled over by the police, what information do I have to answer?
Often times police will attempt to engage you in conversation to gauge whether or not you are under the influence of alcohol. The truth is that you are only required by law to provide biographical information (name, address, date of birth, etc.). Beyond that, you have a right to decline to answer questions. Keep in […]
Man, driving wrong way on Route 33, faces charges of DWI
A 27-year-old Buffalo man was captured on DWI charges, Sunday. After reportedly leaving the scene of an accident. Brandon Torrence of Buffalo was driving the incorrect route on the Kensington Expressway. When he struck another vehicle at about 2:15 a.m., police said. Torrence kept driving, however was halted later on Fillmore Avenue, police said. The […]
As locals rung in 2019, police warned about dangers of driving while intoxicated.
Police want to make sure everyone is staying safe. We attended a big New Year’s Eve party at the Century Center. People said goodbye to 2018 and hello 2019. Police say it’s okay to have a few drinks, but they just don’t want you driving afterwards. The booze and the beer is flowing at O’Rourke’s […]