Common DWI Questions

FAQ: I Got A DWI, What Is Going To Happen To Me? 

If you got pulled over for a DWI in the state of New York, you are likely wondering what is going to happen to you! Although nothing is set in stone, there are a number of common questions you probably have.  If you are looking for DWI questions and answers, you are in the right place. 

 

On one hand, there are more complicated questions such as, “How many DWI cases actually go to trial?” This is really dependent on the facts in the case and the defendant. Each case is different, and that is what makes the outcome very unpredictable. 

 

If you are wondering if your DWI case can get dismissed, there is only one way to accomplish it. You need to make sure that you are represented by an experienced and highly skilled attorney that will go in fighting for you and your rights from the moment they are hired.  

 

FAQ: DWI Questions and Answers

What is Leandra’s Law?

Was enacted after an 11-year-old girl, Leandra Rosado, had been killed in an accident when a drunk driver lost control of the vehicle. It has put into place some of the toughest DWI penalties in the country. This is why it is so important to have a highly skilled lawyer represent you if you are charged with a DWI.

 

It’s my first DWI, what am I facing? 

Even if it is your first DWI, you could still be facing very serious penalties! The consequences for a first-time DWI can include up to a year in jail, suspension of your driver’s license, various monetary fines, and a mandatory interlock ignition device installed and operated at your own cost.

 

What does a “conditional license” mean? 

If this is your first offense, in some special cases, a “conditional license” can be given. Some individuals may qualify for a conditional license even if they get a license suspension they can still drive to school, work, and doctor’s appointments.

 

Is it possible to lose my driver’s license forever if I get a third DWI in the state of New York? 

Yes, there are some cases in which individuals can permanently lose their driver’s license if they get a 3rd DWI conviction in the state of New York within 10 years of their first DWI. 

 

What does an aggravated DWI mean?

If you have a BAC of .18 % or higher when you are arrested, law enforcement can charge you with what is called an aggravated DWI. Even for a first offense, an individual can face up to a year in jail, their driver’s license could be revoked and they could end up paying thousands of dollars in fines. 

 

I’m under the age of 21, what happens if I get a DWI?

Unfortunately, New York has a Zero Tolerance Law. A motorist that is under the age of 21 years that is caught driving with a BAC from .02% to .07% can be charged. For a first-time offense, you can face fines, the suspension of your driver’s license, and you will have to pay a fee in order to terminate the suspension once you have endured the consequences.

 

Can I refuse to take a breathalyzer? 

Due to the penalties that can be charged if you refuse, it is typically best to take the breathalyzer when asked. With a refusal, you will still face fines, possible revocation of your driver’s license, and possibly an interlock device will be required whenever you drive your vehicle.

 

I have a CDL license, will I lose it if I get a DWI? 

If you have a CDL, you are unfortunately held to a higher standard. Even though a BAC is .08 % for other (non-commercial) drivers, if you operate a commercial vehicle you can be charged with a DWI if you have a BAC of .04% or higher. In short, yes your CDL will be in jeopardy. It is important to have a highly experienced lawyer in your corner.

 

Does a DWI cover driving under the influence of alcohol only, or drugs too? 

A DWI is not only charged for alcohol. If you have been caught driving under the influence of drugs, you may be charged with a DWAI which means “driving while ability impaired.”

 

Do I have to attend classes for getting a DWI?

There are many consequences that come with a DWI. If you are convicted, you might have to attend mandatory screening, assessment and treatment appointments. You will have to prove that this was a one-time thing and that you don’t have a substance abuse problem. If it is determined that you have an addiction you will generally need to go through a formal assessment and possibly complete a treatment program and provide proof to the court.

 

You’ve Been Charged With a DWI, Now What? 

You should immediately reach out to us and get a consultation. We will let you know what the realistic consequences can be for your specific case, or we will let you know if we can likely get it dismissed.  

The fact is, you need an experienced attorney that will fight diligently on your behalf. You need someone who knows how to navigate this complex system. We pride ourselves on taking care of each and every client to the very best of our ability. We are upfront and honest and will strive to find every possible opportunity to keep the harsh consequences of a DWI from affecting your life! Please contact us today and let us help!