At an arraignment on a Driving While Intoxicated (DWI) charge the Court is required to suspend your New York State driver’s license or privilege to drive in New York State if a Blood Alcohol Contant (BAC) reading is at or above the legal limit of .08%.

There are certain findings a Court must make before they suspend you license pending prosecution but that will be addressed in another blog post.   However in sum, if the Court finds the paperwork sufficient that your BAC was .08% or greater they will suspend.

NEW YORK PROMPT SUSPENSION LAW

The New York Prompt Suspension law is the law which suspends your license at arraignment.  Many times an accused will appear at arraignment without an attorney and be told to surrender their license due to this law.  Almost everyone hands over their license without a full understanding of what just happened and at that moment realize they need an attorney.

Under the Prompt Suspension Law you will not be able to drive for at least 30 days.  In most cases the accused relys on their driver’s license and the consequences of not having a license to drive are devastating.  The Court has recognized the impact of not having a driver’s license for at least 30 days and has allowed the Courts to grant a “Hardship Privilege” to allow the accused to drive under certain curcimstances until the DWI paperwork is processed by DMV and the accused can apply for a Conditional License. Usually this takes 30 days.

THE HARDSHIP PRIVILEGE

VTL 1193(2)(e)(7) governs the Hardship Privilege.  If the Court finds that the prompt suspension of the accused driver’s license will result in a “extreme hardship” the court must issue such suspension but may grant a Hardship Privilege to allow the accused to drive under certain circumstances.  The accused driver’s license is still suspended but a document is issued to the accused from the Court at arraignment allowing the accused to drive for a limited purpose.

What is an Extreme Hardship?

An Extreme Hardship is an inability to find alternative means of travel to or from the licensee’s employment, school or medical treatment.

In order for the accused to prove this Extreme Hardship they are entitled to a hearing within 3 days of the arraignment.  This fact is rarely told to an accused without an attorney and is a vital right to protect ones driver’s license.

The accused must present proof at the Hardship Hearing that there is no alternative means of travel such as family, friends, co-workers, taxis, buses or trains.  The accused must also have some evidence to corroborate that without a license it will be an Extreme Hardship in that they may lose their job, fail school or miss medical appointments.  A witness to corroborate these facts is usually necessaryat the hearing.  The District Attorney will have an opportunity to be heard on this issue and cross examine any witnesses including the accused.

THE PURPOSE OF A HARDSHIP LICENSE

The Hardship License is for a limited purpose.  The license will not allow an accused to drive as part of their employment (taxi driver, traveling salesman) or travel at inconsistent hours.  Also, a Hardship License can not be used to operate a commercial vehicle.

It is always a good idea to contact a DWI lawyer immediately after the arrest.  In some cases I have had my clients call me at the police station.  At Riebling, Proto & Sachs, LLP our DWI lawyers are always available to answer your questions and prepare you for every court appearance.  We offer a Free Consultation and can appear in Court on a moments notice.

The best DWI defense is to be prepared at every stage of the process.  Our attorneys protect your rights in every type of DWI case and will be happy to meet with you.  If you have any questions or concerns please feel free to contact us.

In Westchester County and other Counties in New York State, the local police and State police have a set of procedures they follow in order to build a DWI case against you. 

Since most people don’t know the DWI laws….

………the police can appear friendly, but are taking advantage of the fact you don’t know the DWI laws.

Our New York DWI attorneys are always willing to educate our clients about the DWI laws and how to protect your rights. 

With just a basic understanding of the New York DWI laws this can take the advantage from the police and explain the DWI process.  The DWI laws in New York are complex and how the police enforce them can be inconsistent, but the following can be used to help you get a better understanding of the DWI laws in New York State and how our DWI attorneys in Westchester County or any County in New York protect your rights.

1. When pulled over for suspicion of DWI, the police are immediately building a case against you.
2. The Police can decieve you and most of the time will.
3. You can and should ask for your DWI lawyer immediately.  Be persistent such as “I want to talk to a lawyer now!!” Don’t say something such as “maybe I should get a lawyer?”
4. Never make any statements to the police despite any promises they police may make to you.  Never admit to drinking.
5. All the field sobriety tests (FST) will be used against you at trial.  You have the right to refuse those tests.
6. The handheld breath test used on the side of the road is usually not admissible in court and they tend to register a high reading.
7. .08% is the legal limit in New York State  but you can be arrested for a BAC as low as .06%.  Between .06% and .07% the DWI charge is called Driving While Ability Impaired (DWAI) a lesser included offense of DWI (.08% and above).
8. The police can arrest you if they feel your ability to drive is impaired by drugs.  The offense Driving While Ability Impaired by Drugs is just as serious as regular DWI.
9. Other methods of testing your Blood Alcohol Content (BAC) include blood and urine which in some cases is less reliable than breath tests.
10. The BAC tests are strong evidence of your guilt.  However, if you refuse those tests you face greater consequences with DMV.
11. If you have a high BAC reading the Westchester County, Bronx County Rockland County, Putnam County, Dutchess County, and Orange County District Attorney’s Office will be less likely to enter into a plea bargain if our DWI attorneys can’t get the case dismissed.  This informal rule applies for most of New York State.
12. If you have a CDL driver’s license in New York and arrested for DWI you risk losing your CDL permanently.
13. Most police cars have cameras but few turn them on since that tape will have to be turned over to the our New York DWI lawyers.  Also, any notes the police take must be turned over to your New York DWI attorney.
14. DWI in New York State unlike many other crimes can have a long term impact on your license and insurance.
15. The fees DMV charge if your arrested and/or convicted of DWI can exceed over $1,000.00.
16. A DWI charge is a felony if you have a previous conviction in the past 10 years.

In many DWI, cases these issues appear over and over.  Our DWI lawyers at Riebling, Proto & Sachs, LLP are former prosecutors and know the procedures and polices of various police departments and the State Police.  Our goal is to protect you against any felony charges and/or sentencences for misdemeanor under the DWI laws of New York State.

If you are arrested in New York State for DWI you should speak with a DWI lawyer immediately.  Feel free to call us for a free consultation. 

It is difficult to make snap decisions on the side of the road with the police lights flashing in the background.  The number one rule is to ask for your DWI lawyer as soon as possible.