In New York State, the laws are very strict regarding the operation of a motor vehicle when a person is impaired or intoxicated based on the consumption of alcohol or drugs.   A person can be charged with driving while intoxicated (DWI), driving while ability impaired (DWAI), and driving while ability impaired by drugs.  These charges are violations of section 1192 of the New York Vehicle and Traffic Law (VTL), are very serious in nature and require experienced legal representation.   The Law Offices of Paul A. Boronow, P.C. have been successfully representing individuals charged with DWI for the past twelve years.

When pulled over by the police based on a suspicion of DWI, the investigation may include a field sobriety test, a breathalyzer test, and a general observation of your condition by the police.  You have certain rights to refuse the tests, as set forth more fully below.  If you are in custody you can invoke your right to your attorney.   The result of the police investigation can result in your being charged with an alcohol or drug related driving violation.  The severity of the charges depends on the results of the investigation and your prior record.  If you have a prior DWI conviction within the past ten years you can be charged with a felony and face state prison time.

There are several different charges the police can file against you relative to driving while under the influence of alcohol or drugs, as follows:           

• DWI: Driving While Intoxicated; .08 blood alcohol content (BAC) or higher or other evidence of intoxication.
• DWAI: Driving While Ability Impaired (by alcohol); .05 BAC to .07 BAC, or other evidence of impairment.
• DWAI / Drugs: Driving While Ability Impaired (by a drug that is not alcohol).
• Zero Tolerance Law: A driver who is less than 21 years of age and who drives with a .02 BAC to .07 BAC.

The Law Offices of Paul A. Boronow, P.C. has successfully had DWI charges reduced and dismissed.  The lawyers at the Law Offices of Paul A. Boronow, P.C. may be able to plea bargain your case and in many instances avoid jail time and long term loss of your driving privileges.  The Court has the power to impose jail time, probation, or a conditional discharge, require the attendance and completion of the Drinking Driver Program (DDP), the purchase and installation of an ignition interlock system (a device that measures BAC before allowing the vehicle to start), and host of other measures.  The Court will not usually require a first time offender to serve jail time, but has the authority to order a person to serve a year in jail.  Second or third time offenders face much more serious charges, many times a felony, and can face state prison time.

Upon being arrested your driving privileges will be either suspended or revoked depending upon the circumstances of your case.  You have certain rights to have your driving privileges reinstated depending on the charges and your compliance with the breathalyzer testing.  You may be entitled to a hardship license or a conditional license.  Application for the foregoing is very limited and must be done in a timely fashion.  After conviction you may also be entitled to a conditional license based on your completion of the Drinking Driver Program (DDP).

You have a right to refuse a breathalyzer test.  Such refusal will result in the administrative revocation of your driving privileges by DMV for a minimum six month period and a civil fine.  The revocation can be challenged by having your attorney demand and attend an administrative hearing where the police have the burden of proving the refusal.  If the hearing is not held within fifteen days, your driving privileges must be restored pending the final determination after the hearing.  The hearsay rules do not apply and the administrative judge can make a determination by review of the police department file without the attendance of the officer to give testimony.  Obviously, the assistance of an experienced attorney is critical to the success of the hearing.

Under New York State law all motorists have the qualified right to call and consult with a lawyer before deciding to take or refuse a breathalyzer or field sobriety test.  The officer is required to allow you access to a telephone to speak with your attorney prior to continuing the investigation.  Invoking this right does not give DMV the right to revoke your driving privileges. 

Additionally, once in custody, you have the right to invoke your right to silence and your right to an attorney, which would again delay the investigation from proceeding and would delay any testing.

The following chart explains the penalties for alcohol and drug related driving violations:

The following chart is an estimate of blood alcohol concentration after one hour of consumption:

            A general rule of thumb is that one drink is metabolized to the point of elimination from your blood stream in one hour.  Other factors that affect the time to metabolize a drink are a person’s weight, whether they have eaten, their level of fatigue, the type of drink consumed and many other factors.  Obviously the best way to avoid a DWI charge is not to drink at all if you are going to operate a motor vehicle.

Blood alcohol testing is usually done with a breathalyzer machine.  The breathalyzer is designed to test persons having a 2100/1 blood to breath ratio. The ratios actually vary from 1100/1 to 3200/1 and, accordingly, the difference can produce flawed test results.  In 14% of the population a test will result in an artificially high result.  Other variables that affect the accuracy of the test include the temperature of the breathalyzer machine (cold or hot days) and the body temperature of the person being tested.  Based on the unreliability of breathalyzer tests the National Safety Council Committee on Alcohol and Other Drugs has recommended that a minimum of two separate breaths be taken (which is not the usual practice and procedure of law enforcement in New York State.)  Since the test sample(s) cannot  be saved, defense counsel are deprived of a subsequent test of the same sample at a later date to confirm or refute the test results which is even more circumstantial evidence indicating unreliability.  Although the testing is not extremely reliable, it has been consistently relied upon by the New York State Courts in convicting individuals for DWI offenses.  Your attorneys should be well versed in the intricacies of the testing machines and the issues to raise on cross examination of the police officer to have the test results set aside.

Commercial Driver Licenses

If you have a CDL license the rules are stricter for alcohol and drug related driving violations.   DWI Per Se level I requires a BAC of between .04 and .07.  DWI Per Se level II requires a BAC greater than .07 and less than .10.  If you have three offenses within five years your CDL privileges will be revoked for life with no possible waiver of the revocation.  If you have been arrested for a DWI while operating a motor vehicle that requires the operator to hold a commercial driver license, contact the office and we will explain the ramifications of the possible conviction as it relates to your right to retain your CDL driving privileges, and the possible fine and jail time that are possible for the violation charged.  As your right to continue to earn a living by driving is going to be affected, do not delay in consulting with our office and ascertaining your legal rights.

If you have been charged with DWI, DWAI, or any alcohol or drug related driving violation, you should consult with experienced DWI attorneys without delay so you can determine and protect your legal rights.

The lawyers at the Law Offices of Paul A. Boronow, P.C. have been defending individuals charged with DWI across Long Island and New York City in Nassau, Suffolk and Queens Counties for over twelve years with positive results.  We are aggressive and dedicated and remain a mere phone call away.

CALL TODAY FOR A FREE CONSULTATION.