The Rise In DUI's During The Holidays

The holidays are a wonderful time of the year and with all the end of year celebrations bringing people together, alcohol is often a part of the festivities. Unfortunately, not everyone is responsible when it comes to drinking and driving. As a result, every year the number of DUI's steadily rise.

DUI Season

The holidays represent a time of year where inhibitions are relatively low due to all the celebrating and alcohol consumption. The number of people on the road traveling to and from different events greatly increases during this time of year making the roads even more dangerous to travel. New Year's eve, in particular, is the day where more DUI arrests occur than any other time of the year.

Checkpoints

One of the reasons that the number of DUI's increase during the holidays is due to checkpoints that are often set up during periods of time that are notorious for having more drunk drivers on the road. Unfortunately, although these checkpoints unsurprisingly allow law enforcement to catch more drunk drivers they do little to curb alcohol-related traffic fatalities. Much of the driving occurs at night when accidents are three times more likely to happen due to night vision, more cars on the road, and impaired driving.

The Most Dangerous Time to Drive

Holiday celebrations and gatherings are usually night time events, which adds to the dangerous element that comes from driving impaired. At night accidents are three times more likely to happen due to impaired driving and more cars on the road, not to mention other factors. Other common factors include:

• Fatigue
• Compromised Night Vision 
• Darkness 
• Rushed Driving

Clearly, the holidays represent a period of the year when driving and alcohol consumption often occur at an increased rate resulting in more DUI's and traffic fatalities. New Year's eve seems to trump every other holiday of the year in terms of the rate of DUI arrests. Because of this, the responsible driver needs to do everything in his or her power to refrain from driving if they are impaired and to stay alert, particularly at night, during this high risk time of the year.

Need Help With Your DWI Arrest Charges?

If your arrest occurred in Westchester County, NY, contact our DWI lawyers at this office:

Acocella Law Group
2900 Westchester Ave #405
Harrison, NY 10577
914-888-2430

If your arrest occurred in Queens, NY, contact our DWI lawyers at this office:

Acocella Law Group
31-19 Newtown Ave #901c
Queens, NY 11102
718-395-4770

If your arrest occurred in Long Island, NY, contact our DWI lawyers at this office:

Acocella Law Group
20 Crossways Park Dr #210a
Woodbury, NY 11797
203-697-8604

What Is A Driving While Impaired (DWI) Court And How Is It Different?

When a member of our society chronically repeats a dangerous behavior, even once they've been punished for it, they may need special help to change. At the same time the public must be protected.

What Is A DWI Court?

The traditional court system has proved to be less than effective when dealing with some repeat drinking and driving offenders. Despite the fact that DUI and DWI are extremely serious charges, most sentences do not attempt to address the root causes for individual repeat behaviors. DWI court is designed to be an alternative for those hardcore offenders, who are defined as individuals who drive with a blood alcohol level of 0.15 percent or greater, or who have been arrested for or convicted of driving while intoxicated after a prior DWI conviction.

DWI court is an accountability court based on the drug court model. It combines intensive supervision with accountability checks and balances and long-term treatment that examines the history and causes of the offender's alcohol abuse. The tone is non-adversarial, with law enforcement, legal representatives and treatment providers acting as a team in an effort to change individual behavior permanently, and, in doing so, perhaps save lives. Participants undergo frequent and random alcohol or drug testing, must appear before court regularly and are held accountable for their actions. In return, jail time or other penalties may be deferred or mitigated.

Does It Work?

There are a growing number of DWI courts in the US. That's because they seem to work, with recidivist rates of just 15% (compared to a 35% chance of re-offending for those who pass through the traditional court system). Studies note that they also have the potential for reducing the vast expanse incurred from incarceration, lengthy and repeated traditional court proceedings, and the loss of life and property that may result from repeat DWI offenses.

Although public sentiment can fluctuate on the topic of DWI court, it's telling that the concept is fully supported by organizations such as MADD (Mothers Against Drunk Driving), The National Sheriff's Association and the American Judge's Association.  

Need Help With Your DWI Arrest Charges?

If your arrest occurred in Westchester County, NY, contact our DWI lawyers at this office:

Acocella Law Group
2900 Westchester Ave #405
Harrison, NY 10577
914-888-2430

If your arrest occurred in Queens, NY, contact our DWI lawyers at this office:

Acocella Law Group
31-19 Newtown Ave #901c
Queens, NY 11102
718-395-4770

If your arrest occurred in Long Island, NY, contact our DWI lawyers at this office:

Acocella Law Group
20 Crossways Park Dr #210a
Woodbury, NY 11797
203-697-8604

Can You Refuse A Breathalyzer Test?

You can refuse to take a breathalyzer test under most circumstances, but since New York has something called implied consent, that course of action will come with serious consequences. Like its name suggests, implied consent means that you have made an implicit agreement with the state of New York whenever you get behind the wheel of your car that you will submit to chemical testing, whether that means a blood, a breath, a urine, or a saliva test, in order to determine the amount of drugs and alcohol in your system so long as a police officer makes an appropriate request for you to do so. As a result, if you refuse to take a breathalyzer test, your refusal will be treated as a traffic infraction.

What Are The Consequences Of Refusing A Breathalyzer Test?

Traffic infractions are a serious matter. In the state of New York, your first refusal can get you a one-year suspension of your driver's license, while both your second and your third refusals can get you an 18-month suspension of your license as long as you have had either a refusal or a DWI conviction within the last 5 years. However, you should know that your driver's license cannot be suspended for the refusal to take a breathalyzer test unless you are warned about the consequences by a police officer after you have done so. Furthermore, if you refuse to take a breathalyzer test when you have had either two refusals, two DWI convictions, or one of each incident within the last four years, your driver's license can be permanently revoked.

When Are You Not Allowed To Refuse A Breathalyzer Test?

Finally, you should know that there are circumstances when the police can force you to take a breathalyzer test or some other kind of chemical testing. For example, if you get into an accident in which someone is either killed or seriously injured while driving under the influence, the police can and will get a court order to allow them to take the necessary sample from you by using force if necessary.

Need Help With Your DWI Arrest Or Refusal Charges?

If your arrest occurred in Westchester County, NY, contact our DWI lawyers at this office:

Acocella Law Group
2900 Westchester Ave #405
Harrison, NY 10577
914-888-2430

If your arrest occurred in Queens, NY, contact our DWI lawyers at this office:

Acocella Law Group
31-19 Newtown Ave #901c
Queens, NY 11102
718-395-4770

If your arrest occurred in Long Island, NY, contact our DWI lawyers at this office:

Acocella Law Group
20 Crossways Park Dr #210a
Woodbury, NY 11797
203-697-8604

Felony DWI/DUI Charges In New York

DWI are charges of driving motor vehicles while under the influence of alcohol or other drugs including recreational substances to a level that renders the driver incapable of operating a motor vehicle safely.

What Is A Felony DWI Charge In New York

DUI law is applied to drivers operating non-commercial or commercial vehicles under the influence of drugs or alcohol. In New York, most DUI cases are classified mainly as a misdemeanor charge.

Felony DWI charges, however, are most likely to be imposed on individuals who have committed multiple offenses. However, a gross misdemeanor can be raised to a felony DWI charge if another crime was committed at the time of the DUI arrest. There are a number of situations that could lead to felony DWI charges.

Elevated Blood Alcohol Concentration (BAC)

New York has a 0.08% DWI rule that every driver is obligated to abide by and whoever is intoxicated above that violates the statute.  The BAC percentages are:

• A Blood Alcohol Content (BAC) of 0.08% or higher or other evidence of intoxication
• A BAC of 0.04% or higher if you are operating a commercial vehicle, like a truck
• A BAC of 0.02% or higher if you are younger than 21 years

Most of the times New York commonly will raise a DWI charge to a felony if substance tests reveal that the driver's BAC exceeds these set rules by the law.

DUI/DWI While Driving On A Revoked Or Suspended License

In the instances that a driver's license is revoked, suspended or restricted for other reasons and with the influence of drugs, it will be made a felony charge.

Bodily Harm

A Felony DWI charge also occurs when you cause a direct body injury to another person, though the prosecutor could at times decide if it qualifies to be a felony offense.

Chemical Test Refusal

When you refuse to take the breath, blood or urine tests, you can be convicted of an aggravated DWI. In addition, being charged with DWI/Drug, DWI/combination three or more times in the preceding 15 year period can lead to a class D felony.

If you have been charged with DWI in New York City, reach out to one of our defense lawyers in one of the following locations: 

Westchester County, NY, contact our DWI lawyers at this office:

Acocella Law Group
2900 Westchester Ave #405
Harrison, NY 10577
914-888-2430

Queens, NY, contact our DWI lawyers at this office:

Acocella Law Group
31-19 Newtown Ave #901c
Queens, NY 11102
718-395-4770


Long Island, NY, contact our DWI lawyers at this office:

Acocella Law Group
20 Crossways Park Dr #210a
Woodbury, NY 11797
203-697-8604  

Circumstances Surrounding Underage DWI Charges

Driving under the influence of alcohol can have major consequences. After considering the high level of deaths and injuries associated with drunk driving, most states have taken an increasingly strict stand on this lack of social duty. When you're charged with underage DWI, you will not only experience charges and penalties imposed using the state court system but also some other consequences.

Underage DWI Consequences

In most cases, a police officer will observe abnormal driving behavior, pull you over and administer a blood alcohol test. You will be charged with underage DWI when you register Blood Alcohol Content (BAC) of 0.02% or higher and are younger than 21. Blood alcohol tests are administered in three primary forms:

• Breath: The most common type of BAC test. As blood flows through your lungs, so does any alcohol that is contained in your blood. The alcohol is expelled in your breath, and the breathalyzer picks up on the percentage immediately.
• Blood: This is the most accurate way to determine a driver's BAC.
• Urine

Charges That Follow

When facing underage DWI remember that the police are not required to secure your approval before administering any test for Blood Alcohol Content. New York's Vehicle and Traffic Law § 1194(2) (a) states that; anyone driving in the state implicitly consents to take a blood alcohol test.

You can refuse a test, but refusing a chemical test carries a charge of its own. The driver will be charged with Chemical Test Refusal, fined up to $550 and have their New York State driving license revoked for up to 18 months. Underage drinking with a BAC of 0.02% or higher, will face a 6-month license suspension and $125 civil fine. You may also be enrolled in the New York Drinking Driver Program, but at your expense.

If you have been charged with underage DWI in New York City, reach out to one of our defense lawyers in one of the following locations: 

Westchester County, NY, contact our DWI lawyers at this office:

Acocella Law Group
2900 Westchester Ave #405
Harrison, NY 10577
914-888-2430

Queens, NY, contact our DWI lawyers at this office:

Acocella Law Group
31-19 Newtown Ave #901c
Queens, NY 11102
718-395-4770


Long Island, NY, contact our DWI lawyers at this office:

Acocella Law Group
20 Crossways Park Dr #210a
Woodbury, NY 11797
203-697-8604 

Explaining What Driving While Ability Impaired Means In New York

Other than Driving While Intoxicated, there are other legal violations you can be charged with if you are intoxicated. You can be charged with a violation in New York where you are not technically intoxicated. Driving While Ability Impaired is one such violation where you are charged with intoxication when you are not technically intoxicated. Here is a breakdown of the DWAI charge:

• DWAI is considered a non-criminal traffic infraction where you are charged if your Blood Alcohol Content is greater than 0.05% but less than 0.08%.
• It does not only apply to drugs. You can be charged the same if you are found to be intoxicated by another drug that is not alcohol. When you are found to be intoxicated by other drugs, the charge is DWAI/Drugs.
• When it is alcohol and drugs, the charge becomes DWAI/Combination.
• There is also aggravated DWI that is a criminal misdemeanor you get charged with if your blood alcohol level is above 0.18%.

 DWAI Related Penalties In New York

In New York, it is against the law to drive if your ability is impaired by the consumption of alcohol or other drugs. If you are charged with DWAI in New York, the penalties differ as highlighted below.
Penalties for first-time offenders are as follows:

• Up to fifteen days in jail.
• A fine ranging between $300 and $500.
• A surcharge of $255 as well as a driver's license assessment for where you can get a 90-day license suspension. However, you might find that you are eligible for a conditional license.
• Attendance of a Victim Impact Panel where you get to interact with DWI victims.

Penalties For Repeat Offenders

If you are getting a charged with DWAI for the second time, the penalties are stricter.

• You can stay in jail for up to 30 days.
• You can pay a fine of between $500 and $750.
• Your license can be revoked for at least six months.

Charges For DWAI Combination

Those charged with DWAI/Drugs or DWAI/Combination face the following charges

• $1000 fine and a $400 New York state surcharge.
• License revocation for at least six months.
• Up to one year jail time.
• Probation for up to three years.
• The driver will also have a permanent criminal record.

DWAI may appear like a minor violation, but it carries stiff penalties. Those facing DWAI charges should seek legal representation as soon as possible.

Need Help With A New York DWI?

If your arrest occurred in Westchester County, NY, contact our DWI lawyers at this office:

Acocella Law Group
2900 Westchester Ave #405
Harrison, NY 10577
914-888-2430

If your arrest occurred in Queens, NY, contact our DWI lawyers at this office:

Acocella Law Group
31-19 Newtown Ave #901c
Queens, NY 11102
718-395-4770


If your arrest occurred in Long Island, NY, contact our DWI lawyers at this office:

Acocella Law Group
20 Crossways Park Dr #210a
Woodbury, NY 11797
203-697-8604

The History Of DWI in New York. A Comparison Of Attitudes And Laws.

Over the years, attitudes have greatly changed when it comes to drink driving. Back in the day, it occurred a lot more often than it does now, according to statistics, however, the behavior of police officers has changed greatly too. At a recent meeting of lawyers, some of the older lawyers spoke of times when officers would give a drunk driver a ride home, and that was the end of it. Fast forward to today, and that is not the case...and rightly so. If you are drunk or your ability to drive is impaired, then under no circumstances should you drive. Modern technology through Uber rides, offers a safe and convenient way for those drinking to go from A to B.

Increased Reasons For DWI Defense

However, in saying that, there are often scenarios where a DUI arrest was unjustified, due process was not followed, and civil rights are infringed. Unfortunately, this has also been made worse by some technology, such as breathalyzers where operators do not know how to use them correctly, resulting an a false reading, which gets people into trouble.

Changes In NY DUI Laws

Another big difference between today and past years is that the legal limit has dropped from a blood alcohol level reading of 0.15% to 0.08%. Again, this is a progressive move to make our roads safer, but it just goes to show what was acceptable back then, is certainly not today.

Changes In Penalties & Fines

The consequences of a DWI have also become a lot more stringent over the years. Specifically, in the past, a plea deal was likely struck and there was no license penalties. Today, New York laws provide that violations of drugs or alcohol carry penalties of fines, jail time, and suspension of a drivers license. The NY Laws also provide for a lifetime or permanent ban for those who are repeat offenders which includes fines of up to $10,000 and potentially incarceration for up to seven years.

Need Help With A New York DWI?

If your arrest occurred in Westchester County, NY, contact our DWI lawyers at this office:

Acocella Law Group
2900 Westchester Ave #405
Harrison, NY 10577
914-888-2430

If your arrest occurred in Queens, NY, contact our DWI lawyers at this office:

Acocella Law Group
31-19 Newtown Ave #901c
Queens, NY 11102
718-395-4770


If your arrest occurred in Long Island, NY, contact our DWI lawyers at this office:

Acocella Law Group
20 Crossways Park Dr #210a
Woodbury, NY 11797
203-697-8604

Can I Refuse A Breath, Blood and Urine Test When Stopped For Alleged DWI in New York?

Yes, you can refuse these tests. But beware of the consequences.

You may still be arrested for DWI based on other observations made by the police officer, which include your behavior, eyes, speech, and performance in a field sobriety test. This can lead to criminal charges for DWI, and you will be required to appear at arraignment to defend these charges.

Refusing to submit to the test also enacts another charge.

Implied Consent in New York For Drivers

In New York, a condition of having a drivers license is that you imply consent to submit to a test if requested by a police officer.

If you then decide to refuse the test, you will likely be charged with a separate administrative action of Refusal To Take A Chemical Test. Note, this is not the same criminal charge as a DWI. In fact, two weeks after your criminal DWI arraignment, you will need to appear before the DMV for what is called a refusal hearing.

If your refusal took place in Westchester County, you will need to appear at the Yonkers DMV, usually on a Monday or Wednesday. An administrative judge will be assigned the case and will hear testimony as to what your reason was for refusing submission to one of the several chemical tests.

What Are The Penalties and Consequences Of Refusing A Breath Test?

While refusing a breath test, or other chemical test, is not as serious as your DWI charges, the penalties associated with the refusal and administrative action at the DMV, are not to be taken lightly.

Should the judge find that you refused the test with no good basis, you may lose your license for a specified time period. If you have a commercial license, this will be a period of 18 months. Obviously this has very serious employment consequences. If you hold a regular license, the suspension is 12 months.

I Refused A Blood, Urine or Breath Test, What Should I Do Now?

Your first step is to contact an experienced DWI Lawyer. You may be facing both of these hearings (a criminal drunk driving charge and an administrative refusal to take a chemical test charge). As stated, both carry serious consequences that may effect your livelihood.

You will need to mount a vigorous defense. A DUI attorney can help you do this. There are several strategies available to contest the charges.

Start documenting and trying to remember every interaction with the police officer that night. Even prior to the stop or checkpoint. This evidence will be important to your defense strategy.

Need Help With Your DWI Arrest Or Refusal Charges?

If your arrest occurred in Westchester County, NY, contact our DWI lawyers at this office:

Acocella Law Group
2900 Westchester Ave #405
Harrison, NY 10577
914-888-2430

If your arrest occurred in Queens, NY, contact our DWI lawyers at this office: 

Acocella Law Group
31-19 Newtown Ave #901c
Queens, NY 11102
718-395-4770


If your arrest occurred in Long Island, NY, contact our DWI lawyers at this office: 

Acocella Law Group
20 Crossways Park Dr #210a
Woodbury, NY 11797
203-697-8604