Contrary to popular belief, one does not have to be drunk to be arrested and convicted of drunk driving. In New York State, a driver that has lost the normal use of mental or physical abilities due to alcohol, drugs, or a combination of the two can be guilty of drunk driving.  Driving with a “buzz” does not mean that you cannot be arrested and convicted of a DWI or DWAI.

New York State alcohol related motorist violations:

• DWI: Blood Alcohol Content (BAC) of 0.8 or higher
• DWAI: BAC of .04 to .07 or evidence of physical or mental impairment by means of a failed field sobriety test or refusal of chemical test.
• Zero Tolerance Law: Any person under the age of 21 caught operating a vehicle with a BAC of .02 to .07 or evidence of physical or mental impairment by means of a failed field sobriety test or refusal of chemical test.
  

Chemical tests are commonly used to measure blood alcohol content (BAC) of motorists suspected of driving under the influence.  In New York, courts have occasionally thrown out chemical test results due to their unreliability.  Perhaps the timing of the test was questionable, perhaps the method of administering the test was questionable.  In New York State, drivers have what is known as the “qualified right”, stating that they can contact a DWI lawyer before deciding to take a chemical test.  You do have the right of refusal; however there will be ramifications for doing so.  Your license will be suspended for six months if you lose the initial hearing before the Administrative Law Judge with the New York State DMV. Following this hearing you will then have a criminal court case, where prosecution will attempt to convince the jury that you refused the chemical test because you knew you were guilty.  If you did take a chemical test, your results will be used against you during the criminal court case.  It is best to consult with an experienced DWI attorney from Stephen Bilkis & Associates to ensure that you are making the right decisions for your specific situation.

Routine stops for broken taillights, rolling through a stop sign, out-dated registration, cracked windshields or even improper license plate display are sufficient reasons for an officer to detain a motorist and administer a drunk driving sobriety test.

Symptoms officers will look for as reason to administer a drunk driving field sobriety test:

• Erratic driving
• Slurred speech
• Red, watery or bloodshot eyes
• Failure to respond to officers direction
• Alcohol odor
• Swaying and stumbling
  

Also, if the person operating the vehicle is under the influence and has caused a motor vehicle accident requiring the hospitalization of another driver or passenger, the drunk driver can face severe penalties on top of a DWI conviction. If the person operating the vehicle under the influence causes property damage as a result of an accident or has been previously convicted of a DWI-related offense, additional fines and jail time can also be applied.

Additionally, your employer will need to be informed that you have been charged with a DWI or DWAI.  This may lead to additional consequences affecting your professional career, if not costing you your job altogether.  With the help of a knowledgeable DWI lawyer, you may be able to avoid dismissal from your employment, license suspension, fines and/or jail time.

Stephen Bilkis & Associates are experienced New York criminal defense lawyers. If you have been charged with a DWI are in need of an experienced New York attorney, call us immediately at 1-800-NY-NY-LAW. We offer free consultations for those charged with a DWI and DWAI.