The Law Firm of Michael R. Franzese
Free Initial Consultation
Call Us Now 516-712-2144
(24 Hours a day / 7 Days a week)

DWI Archives

Breath and BAC

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. 

The purpose of field sobriety tests

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.

Field sobriety test accuracy not foolproof

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.

What is Leandra's Law?

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.

Does a breathalyzer count as chemical testing?

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. 

Penalties for a DWI under the age of 21

A blood alcohol content of 0.08 percent or greater is generally grounds for a Driving While Intoxicated charge in the state of New York. However, according to, that is not the case if the driver is under the legal age for drinking. When a driver is underage, which is anything younger than 21 years old, New York's Zero Tolerance Law kicks in. Under this law, driving with a BAC between the levels of 0.02 percent and 0.07 percent can also constitute a violation, and DWI charges may be brought.

Boating while intoxicated and legal changes

The summer season may have come to a close last week, but sunny, warm weather has certainly prevailed in New York. With this warm weather naturally comes the desire to set off on one of the state's many beautiful lakes. Boating is a popular sport in New York and in most parts of the country, but what happens when the fun turns to more serious matters? Operating a boat while intoxicated comes with dire consequences, but knowing the legal details and the state's say on the issue can help one better understand the topic as a whole. 

Office Locations

Mineola Office
114 Old Country Rd., Suite 680
Mineola, NY 11501

Phone: 516-712-2144
Fax: 516-873-8790
Mineola Law Office Map

Central Islip Office
320 Carleton Ave., Suite 4200
Central Islip, NY 11722

Phone: 516-712-2144
Fax: 516-873-8790
Central Islip Law Office Map

Attorney Advertising