THE MOST FREQUENTLY ASKED QUESTIONS REGARDING DWI DEFENSE
***** new crime of Aggravated DWI******
1. Q The police officer never gave me a Miranda Warning: Can I get my case dismissed?
A No. The officer is supposed to give a 5th Amendment warning
after he or she arrests you. Often, however they do not. The only
consequence is that the prosecution may not be able to use any of
your answers to questions asked by the police after the arrest.
2. Q Do I have a choice of chemical tests?
A In New York State you do not have a choice of tests to take.
3. Q Why am I being charged with two crimes, both are labeled DWI?
A The traditional offense is driving while intoxicated (DWI). In
New York State a “per se” offense has been enacted: (a .08% or greater
Blood Alcohol Content). You can be convicted of both, but can be
punished only once, as both offences occurred out of the same set of
circumstances. If the case involves a refusal to submit to chemical
testing, only the traditional offense will be charged.
4. Q This is my first DWI charge, will my license be suspended on my first court appearance?
A In new York State the answer is yes. Unless you have a
qualified attorney to take the correct legal steps to allow you to
obtain a license to drive to work.
5. Q Can I represent myself?
A You can represent yourself—although it is not a good idea. DWI
is a very complex field with increasingly harsh consequences. There is
a minefield of complicated procedural, evidentiary, constitutional,
sentencing and administrative license issues.
6. Q What can a Lawyer do?
A qualified Attorney, can review the case for defects, suppress
evidence, compel discovery of such things as calibration and
maintenance records for the breath machine, have blood samples
independently analyzed, negotiate for a lesser charge or reduced
sentence, obtain expert witnesses for trial, contest the administrative
license suspension.
7. Q What is the punishment for drunk driving?
A In New York State it is a crime to drive drunk (DWI). The
Crime of DWI is an unclassified misdemeanor. If you are convicted of a
DWI, or plead guilty to the crime, you can be punished by up to 1 year
in jail, a fine of $500 to $1000 and a license revocation minimum 6
months. The penalties (both monetary and jail time) go much higher if
this is a second or third DWI within a 10 year period.
8. Q I have a CDL, it is how I make a living, will I loose my CDL?
A This is a very tough issue and must be looked at on a case by case basis.
9. I have some Questions about my DWI case. Where can I get some answers?
We would be pleased to speak to you to discuss your need for legal help. There is no charge to speak to Mr. Dolgoff regarding
potential representation.
Call Today to schedule a confidential no cost review of your case.
716 626-3030