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Driving While Intoxicated (DWI)
Under New York law, the prosecutor has two different ways of proving driving while intoxicated (DWI). First the prosecutor can show that the driver operated the vehicle while in an intoxicated condition. Alternatively, the prosecutor can show the "per se" version of DWI which requires a showing that the driver's blood alcohol content was above the legal limit of 0.08 regardless of whether the driver was actually impaired.
This website is intended to provide you with important insights into New York DWI penalties and processes. You should not take the content on this website as legal advice. In order to properly assess your case, you should contact a lawyer experienced in DWI cases. The following links contain information about New York DWI factors and charges:
Any type of DWI conviction can have serious repercussions on your life and even that of your loved ones. A DWI can negatively impact future employment and housing options. For professionals in certain fields, including medicine, law enforcement, and aviation, this can mean additional penalties or even endanger your current employment. As a student, it can result in severe disciplinary action or expulsion. It is vital to carefully consider your legal options if you are facing a DWI charge in Queens or any other New York borough.
Queens DWI Attorney
Rochelle Berliner represents clients charged with DWI or operating a motor vehicle under the influence of alcohol contrary to New York's Vehicle and Traffic Law Section 1192. With almost 20 years of experience in the criminal justice field, Ms. Berliner has approached cases as both a prosecutor and criminal defense attorney. This insight gives her the confidence to pursue dropped charges and minimized penalties for her clients.
The Law Office of Rochelle S. Berliner is located in Queens County. Ms. Berliner accepts cases from men, women, and minors charged with DWI crimes in Queens, Manhattan, Brooklyn, The Bronx, and Staten Island. She also represents clients in both Nassau County and Suffolk County, Long Island. Call the 718-261-5600 for a free consultation.
The law enforcement officer must have a valid reason for the initial stop of the vehicle or detaining the driver before conducting any DWI investigation. Any stop deemed "unreasonable" under the Fourth Amendment of the Constitution of the United States may result in ALL evidence being suppressed which would make any prosecution for DWI impossible.
Valid reasons for initially stopping the vehicle or detaining the driver may include:
At trial, the prosecutor must be able to prove that the person charged with DWI actually operated the vehicle at the time of intoxication. This showing can be made in any of the following ways:
When writing up the police report, the law enforcement officers will report as many factors as possible that might support a finding of probable cause for the arrest. In case after case the officers tend to cite the same facts which are conveniently listed on their police report as options that merely need to be checked:
Under New York law, the arresting officer will often request that the driver perform a number of standardized roadside agility tests, often called "field sobriety exercises." Those roadside sobriety exercises were also designed to measure the driver's ability to listen to instructions, and perform physical exercises while also keeping track of mental exercises such as counting.
These exercises including the following:
Under New York law, in certain types of cases the arresting officer can obtain a blood test. The blood sample can be drawn by a nurse, physician, EMT or Lab Tech during the course of medical treatment. Additionally, in certain cases, the court can order a blood test which is then sent to a lab for analysis.
In order to get as many incriminating statements as possible from the driver, the law enforcement officer will often ask the following types of questions:
In many cases, the arresting officer will make a mistake in not properly advising the driver of his right to remain silent under Miranda. Any such mistake may result in the court suppressing or excluding any statements at trial.
Under New York law, the following types of offenses can be charged depending on the facts of the case and any prior convictions:
Mothers Against Drunk Driving (MADD), New York - As the nation's largest non-profit organization working to combat drunk driving, MADD has helped change related legislation and educate the public. The organization also provides a supportive environment for drunk driving victims and their families.790 Watervliet Shaker RD, #6
Latham, NY 12110
Alcoholics Anonymous of New York - The AA is a non-profit organization that was formed in 1935 to help alcoholics achieve and maintain sobriety. Today the organization has over 2 million members in the United States and across the globe. The AA's 12 Step Program is a popular method used to help guide the user through questioning, acceptance, and an ultimate moral victory over the disease of alcoholism. AA meetings are run for and by alcoholics. Members are invited to share their stories and participate in general discussions.
Greater New York Region of Narcotics Anonymous - Similar to AA, Narcotics is run and driven by members. It is designed to help men and women addicted to narcotics accept and overcome their addiction through discussion and literature. It also provides dialogue and resources to help family members and loved ones become strong supporters.
"You and the Drinking Driving Laws" - This PDF guide, prepared by the New York Department of Motor Vehicles, outlines the state penalties for drunk driving. It also answers many of the most asked questions regarding New York DWI laws.
New York State Drinking Driving Program - The New York DMV leads a statewide program to rehabilitate drunk drivers. This website contains application forms and guidelines for acceptance.
NEW York DWI Arrest Instrument [DCJS 3204] - You can learn a lot about how DWI crimes are investigated in New York by looking at the standard forms and reports that law enforcement officers in the State of New York must complete with each DWI arrest.
Law Office of Rochelle S. Berliner | Queens DWI Lawyer
As a DWI lawyer, Rochelle Berliner has represented many individuals charged with drunk driving in Queens and other New York boroughs. Every case is unique and Rochelle Berliner focuses all of her attention on analyzing the specific details surrounding your criminal charges.
Our Queens criminal defense attorney understands common weaknesses in the prosecution's case, which can include illegal stops, arrests without probable cause, failure to read Miranda rights, and more. Contact the Law Office of Rochelle S. Berliner at 718-261-5600 or submit an online form to receive a free, confidential consultation.
Driving While Intoxicated
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