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If you're stopped here in Mineola, NY, you do have some rights as well as responsibilities. And if you're being charged with a DWI, you'll want to exercise one of your most important rights immediately: your right to talk with a DWI attorney. What Rights Do You Have During a Mineola, NY DWI Stop? The Right Not to Volunteer Information As soon as they pull you over, the police may try to get you talking. You do have to answer basic questions about who you are, and you do have to show your license and the registration, and proof of insurance on your car, but you don't have to volunteer anything else. If you're asked questions like, "Do you know why I stopped you?" simply say, "No." You don't have to answer whether you've been drinking or not, nor do you have to tell the police where you're going, what you've been doing, etc. more The Right to Refuse a Search If the police ask to search you or your car, always tell them no. Now, if the police have reasonable cause to believe that you're committing a crime, such as if they smell marijuana or see an open container of alcohol next to you in the car, then they can search without your consent. But always tell them no, anyway. Be polite, but just say you do not give your permission for a search. That way, even if they think they have probable cause, your lawyer can challenge it later. And if it turns out they didn't have a good reason, they won't be able to turn around and say that it doesn't matter, as you told them it was all right to search. The Right to a Lawyer If you're arrested, you have the right to legal help, and you have the right not to say anything once you've been arrested without your lawyer present. If they take that step, immediately say that you want a lawyer and answer all questions they ask you with that same response: I want to talk to a lawyer. The Right to Refuse a Breathalyzer Test (Sort of) This is a tricky one. Technically, you can refuse to take a breathalyzer test. However, if you do, you will probably be arrested, and you will definitely lose your license and be fined, even if you're not charged with a DWI. That's because of New York's implied consent laws. By getting a driver's license in the first place, you give your consent to taking a breathalyzer test when asked and agree to penalties if you refuse. Right to Refuse a Field Sobriety Test If the police ask you to get out of your car and do a field sobriety test, you have the right to refuse, and you don't have to worry about losing your license over this. However, if you refuse that test, they will almost certainly want you to take a breathalyzer test. Call a DWI Attorney Now If you've been arrested for a DWI, don't wait to get protection. Call the Law Firm of Michael R. Franzese in Mineola, NY at 516-963-0545 right away.

Driving while intoxicated (DWI) charges are somewhat common. Many people face misdemeanor charges after a drunk driving arrest. People may be dismissive about the impact of misdemeanor charges and may plead guilty instead of taking the case to trial. Their perspective could shift if the state brings a felony DWI charge against them instead. There are a handful of scenarios in which felony charges are possible in a DWI case. Defendants then face more serious penalties and a lifetime with a felony criminal record. When can drunk driving become a felony offense in New York? When the driver has prior convictions A prior DWI from within the last decade is an aggravating factor in a DWI case. Prosecutors can bring felony charges against those who have a previous conviction from within the last 10 years. When a driver has children in the vehicle The state may pursue felony charges against motorists who endangered a passenger under the age of 16 by driving drunk. Young people generally cannot prevent caregivers or parents from transporting them after drinking and may not even realize that the adult is not safe to drive. They cannot advocate for themselves the way that older passengers can. When others get hurt If a DWI incident results in a crash, the felony charges could follow. State law allows for felony charges when drunk drivers injure others or cause fatal collisions. Other aggravating factors, including having exceptionally high alcohol levels, may also lead to felony DWI charges and enhanced penalties. Fighting back against DWI charges requires an understanding of the law and an evaluation of the state’s case. Those facing felony charges have had extra incentive to partner with a criminal defense attorney instead of pleading guilty.

Those who are arrested on suspicion of drunk driving are often subjected to chemical tests, such as a breath test. The goal of the test is to measure their BAC (blood alcohol concentration) to see if they have exceeded the legal limit. But what options do you have if you get pulled over? Say that the officer asks you to take a test, but you’re not sure if you should do so or not. You certainly don’t want to incriminate yourself. Are you allowed to refuse the test? What happens if you do? Refusal under implied consent laws Refusal is possible, and the officer won’t force you to take a breath test. They will simply ask you to do so, but you can refuse the test. That said, like most other states, New York has implied consent laws. Simply by obtaining your driver’s license, you have already agreed to the chemical tests in question. As long as you’ve been legally stopped by the police, you have consented to those tests, and the police expect you to take them. By refusing, you are technically violating this previous consent. In response, the state is going to automatically suspend your driver’s license for at least 12 months. You will also be fined $500. If you are a commercial driver, you will be fined $550, and the license revocation could last for 18 months, rather than 12. So, while you are allowed to refuse the test if you want, that doesn’t mean you can do so without ramifications. Be sure you are well aware of the legal defense options you have at this time and what steps to take.

A DUI stop can be stressful and frightening experience. Your behavior during this encounter can make or break the outcome of the situation. However, because traffic stops can be high-stress situations, people might make mistakes that complicate their legal situation. Understanding these common mistakes might help you avoid severe consequences and safeguard your rights. Missteps that can hurt your case During a DUI stop, certain actions can needlessly escalate a situation. Avoiding these errors may protect your rights and potentially lead to a better outcome: Admitting to drinking: Don’t tell the officer you’ve consumed alcohol. This admission can become evidence against you. Politely decline to answer questions about your drinking habits. Consenting to a vehicle search: Officers need probable cause or a warrant to search your car. You can refuse a search request if they lack a valid reason. Performing field sobriety tests without question: These tests often yield subjective and inaccurate results. You have the right to decline participation in field sobriety tests. Arguing with or resisting the officer: Confrontational behavior might result in additional charges. Maintain a calm and respectful demeanor to avoid escalating the situation. Refusing a chemical test: New York’s implied consent law means refusing a breathalyzer or blood test can lead to automatic license suspension. Consider the potential consequences before refusing. Staying calm and respectful throughout the interaction can go a long way. You have the right to remain silent and can politely decline to answer questions beyond providing your license, registration, and insurance information. If you’re unsure how to proceed, request to speak with an attorney before answering any questions. Knowing your rights and steering clear of these mistakes during a DUI stop can significantly impact your case. If you find yourself in this situation, seek advice from an experienced DUI attorney who can guide you through the legal process and protect your rights.

Driving under the influence carries significant penalties in New York. If you face DUI charges, you should be aware of the potential legal consequences. Knowing the possible outcomes can help you prepare to go to court for a DUI. Criminal penalties Penalties vary based on blood alcohol content and history of driving offenses. The court will also review the circumstances of the accident. The judge can order fines, probation, community service and even jail time. Impact on driving privileges Driver’s license suspension is a common DUI penalty in New York. The length of the suspension varies based on the circumstances of your case. License suspension can disrupt daily life and require alternative transportation arrangements. It can also impact your career if you drive for a living. Ignition interlock device requirements The court can order you to install an IID in your vehicle to get your license back. This device measures BAC levels before allowing the vehicle to start. IIDs prevent future DUI incidents. Mandatory education programs If convicted, you will have to participate in a mandatory alcohol education program. These programs aim to educate individuals about the dangers of alcohol misuse and its impact on driving. Completion may be a condition for license reinstatement. Supervised monitoring The judge can order probation for a DUI. A probation officer will monitor your actions and make sure you adhere to conditions set by the court. Violating these terms can lead to more severe penalties. Vehicle forfeiture In certain cases, the court may order you to forfeit your vehicle. This penalty aims to further deter individuals from engaging in impaired driving. It may accompany other legal consequences. Permanent criminal record A DUI conviction in New York results in a permanent criminal record. It can have a long-term impact on employment, housing and other opportunities. Higher insurance costs Insurance providers often view individuals with a DUI on their record as high-risk. They can raise your premiums or even drop you as a customer completely. financial resources. The stigma associated with impaired driving can affect your reputation, relationships and community standing, emphasizing the broader impact of DUI convictions. In addition, the New York State Police estimate the total cost of a DUI arrest at $8,250. Understanding the multifaceted penalties for DUI in New York underscores the importance of responsible and sober driving.

There is typically one number that people in Mineola associate with drunk driving: .08. That is the blood-alcohol content measurement that is almost universally accepted as defining intoxication. Yet it is not the only number related to BAC that New York drivers need to worry about. Per the New York Department of Motor Vehicles, a BAC or .05 percent is enough to label a driver as being impaired, while a BAC of .18 percent qualifies one to be charged with aggravated DWI. With all of the talk about blood-alcohol levels, however, a pressing question arises: how is it that a breathalyzer device (which measure one’s breath) is used to determine BAC? The Alcohol Pharmacology Education Partnership offers an explanation of what a person’s breath may say about the alcohol content of their blood. Ethanol is the exact type of alcohol used in drinks such as: Beer Wine Liquor It is water-soluble, meaning that it can pass through membranes in the body via a process known as passive diffusion. Thus, after being consumed, ethanol moves through the lining of the stomach and small intestines into the bloodstream. It is then carried to the heart, then to the lungs where some of it vaporizes into a gas that accumulates in the alveoli (the lung sac). The gaseous ethanol then is carried out with each breath. This process continues, with the remaining ethanol in the blood vaporizing in the lungs at a rate that maintains equilibrium. What this means is that as one breaths, his or her BAC lowers. This dynamic process may contribute to the unreliability of breathalyzer measurements. While they are able to measure BAC, the fact that a person’s BAC is constantly changing with each breath may contribute to a much wider margin of error.

Like most people in New York, you are likely aware that a driver who police suspect might be intoxicated could be asked to perform a few actions before being arrested. Some of these tests are called field sobriety tests as they are generally administered in the field at the location where officers first pulled the driver over. However, unlike what many people may think, these tests do not and can in no way prove that a driver is drunk. As explained by FieldSobrietyTests.org, there are three tests approved for use by the National Highway Traffic Safety Administration. Each of the three field sobriety tests must be executed according to very specific instructions as provided by the NHTSA in order to be deemed valid. Because these tests have no objective measurement they are not able to conclusively prove that a person is drunk. Instead, field sobriety tests are used by law enforcement to give them enough support to place a driver under arrest by indicating that the defendant might possibly be drunk. In this way, these tests are akin to providing probable cause for an arrest. Only objective chemical tests uch as those that rely on blood, urine or breath samples can actually be used to determine a driver’s level of actual intoxication. If you would like to learn more about the various tests used during a suspected drunk driving investigation, please feel free to visit the field sobriety test page of our New York drunk driving and criminal defense website.

If you or someone you know has been arrested for and charged with a drunk driving offense in New York, you will want to become educated about the legal process involved in a drunk driving arrest and the subsequent defense process. One important thing to know and remember is that like any criminal charge, you are not guilty until proven so. An arrest simply indicates that law enforcement officers believe you might be guilty of a crime. At the scene of a stop, you most likely were asked to perform several tests even before you were asked to provide a blood or breath sample. As explained by FieldSobrietyTests.org, these tests in no way are designed to or even able to prove that you are drunk. Chemical tests are required to provide proof of any intoxication. Instead field sobriety tests are used to support an arrest by providing enough evidence to show that you might be drunk. Of the three tests approved for use by the National Highway Traffic Safety Administration, none of them are completely accurate. The individual accuracy rates range from 65 percent to 77 percent. When all three tests are administered, the combined accuracy rate does increase but still is only 82 percent. Factors such as medical conditions, joint injuries, weight and more may all interfere with your ability to pass these tests. If you would like to learn more about the tests used during a drunk driving investigation stop, please feel free to visit the field sobriety test page of our New York criminal defense and drunk driving defense website.

The holiday season is upon us in New York, with all of its yuletide merriment and festive events. For anyone tempted to drive after imbibing a bit too much at a holiday party, a reminder about Leandra’s Law is in order. According to New York’s Department of Motor Vehicles, the statue carries the name of an 11-year-old girl killed in a drunk-driving accident in 2009. She was a passenger in a car driven by the inebriated mother of a friend. Lawmakers responded by passing Leandra’s Law, which brought stiffer penalties for anyone driving under the influence of drugs or alcohol. It includes a mandate that drivers convicted of DWI have an ignition interlock device installed on all vehicles they own or drive. It also requires the restriction to be noted on their driver’s licenses. Along with harsher driving restrictions, the law created a new felony, called an Aggravated DWI/Child in Vehicle. Anyone who drives under the influence with a passenger who is 15 or younger may be charged with this felony. The law carries the same weight and penalty as another for DWI drivers with a blood alcohol content of 0.18 percent or higher. The ignition interlock device is required for at least 12 months, or less with court approval. The device connects to a vehicle’s ignition system and measures the driver’s breath for alcohol content. If the content is unacceptable, the vehicle will not start, effectively enforcing DWI restrictions on the offender. To remove the restriction from your driver’s license, the company, or vendor, responsible for the monitor must give you a form stating that you are no longer required to have the device installed. You can then take the form to the local DMV office and apply for a new ID without the restriction. The DWI information included here is of an educational nature; it is not meant to be legal advice.

It’s Friday and you have had a long week at work. As usual, you drive over to your favorite Mineola watering hole to consume some adult beverages. When happy hour ends, you decide to drive home instead of moving to the next bar with your friends. Unfortunately, your weekend takes a turn when you suddenly see red and blue lights flashing in your rear view mirror. After a field sobriety test, you end up in the back of a squad car and on your way to the police station. You are now facing a driving while intoxicated (DWI) charge. This was not how you had imagined your weekend going. A drunk driving conviction can cost thousands of dollars in court fees and fines, land you in jail and cost you in ways you might barely be able to imagine. For example, a DWI conviction can seriously affect your career. You lose your license As part of normal punitive actions, people who have a DWI conviction generally lose their driver’s licenses. If you cannot drive to work, you could end up losing your job, unless you qualify for a provisional license. However, if you have to drive as part of your profession, as a truck driver for example, your employment may depend on having a clean driving record. A DWI might be a violation of your employment contract. Loss of professional license If you are a doctor, teacher or other state licensed professional, you could lose your license to practice. When you obtain a state license for certain professions, there is often a code of conduct that you must observe. By getting a DWI, you could lose your professional license due to committing an act that discredits you. Problems finding other employment If you do lose your job as a result of your DWI, then you will need to find another one. Unfortunately, this could turn out to be extremely difficult. Most employers require you to disclose any criminal convictions on your record or they do a background check. Without a clean record, you may not be eligible for many jobs in the field you prefer. If you are facing a DWI charge, it is important that you take steps to properly defend yourself and fight back against the charges. By beating the charges, you can avoid the serious consequences that come with a DWI.

Implied consent laws may be a new concept to many Mineola, yet they may be worth understanding in case you are ever in a position where a law enforcement officer asks you to take a sobriety test. Essentially, such laws state that by applying for the privilege of driving, you agree to submit to chemical testing in order to determine whether or not you are under the influence of drugs or alcohol. New York does indeed have such a law, and a refusal of such testing could result in your license automatically being suspended for one year. Such a suspension may still be enforced by the state’s Department of Motor Vehicles even if you are acquitted of the criminal charges leveled against you. Yet what exactly qualifies as chemical testing? Such testing refers to an actual chemical analysis of your blood, breath, urine or saliva. The most common test that you and others may associate with sobriety testing, however, does not fall into this category. Breathalyzer tests are actually referred to as “field tests” or “preliminary alcohol screenings.” They are less reliable at accurately measuring your blood alcohol content, which makes their results inadmissible in court. According to Section 1194(b) of New York’s Vehicle and Traffic Laws, you are only required to submit to field testing if you have been in accident or have violated the state’s laws against drunk driving. The latter point is somewhat tricky, however, in that police are allowed to arrest you if they have reasonable grounds to believe you are driving drunk. The law defines “reasonable grounds” as: Visible behavior indicating you may be drunk An open container in or around your car Any other indicators that give the impression you are impaired If you are arrested, then you must submit to chemical testing.

If you are a diabetic, you have a chance of receiving a driving while intoxicated (DWI) charge simply due to having low blood glucose levels. The main reason for this is that the symptoms of low blood glucose are similar to someone who is under the influence of alcohol. These similarities can cause law enforcement officers to issue a false DWI. If your blood glucose levels drop, you could start experiencing dizziness, slurred speech, confusion and multiple other symptoms that might cause a police officer to think you have been drinking. Participating in field sobriety tests may cause an officer to believe his or her suspicions are justified. A breathalyzer test can give a false positive You might think that by taking a breathalyzer test, it will become obvious that you have not been drinking. Unfortunately, breathalyzer tests are not 100 percent accurate. Furthermore, most only detect the presence of any chemical compound that belongs to the “methyl group.” This means that the overproduction of acetone, an effect of hyperglycemia will trigger a positive result on a breathalyzer. In other words, the breathalyzer will mistake the compound for alcohol. Hypoglycemia can contribute to accidents Due to the symptoms you can experience when blood glucose is low, hypoglycemia can lead to car accidents that result in personal injuries and property damage. However, this does not mean that false DWI charges are warranted. Even an individual who is not diabetic can suffer from an abnormal drop in blood glucose levels and this can cause an officer to issue a false DWI. For example, if an individual is following a low-carbohydrate diet and consumes only a very small amount of alcohol, then fasting glycemia can occur and bring on symptoms that are similar to intoxication. The conviction of a person who received a false DWI is a very serious matter and can have life-altering effects. If you have been charged with a false DWI, it is important to remember that you have the right to fight back against the charges.