DWI Lawyer in Saratoga Springs and Upstate New York

From license suspension to jail time, there are serious potential consequences for a DWI conviction in New York. After your DWI arrest, you want to speak to a DWI attorney who can work to minimize the damages. At the Saratoga Springs Law Offices of Gerard V. Amedio, we handle a wide range of drunk driving charges, including DWAI, aggravated DWI, DWI drug cases and felony DWI.

A Former Cop Who Can Protect Your Rights in Court
Contact the Law Offices of Gerard V. Amedio Today

As a former police officer, attorney Gerard V. Amedio knows how law enforcement officials handle DWI charges. When a police officer stops a car for a suspected DWI offense, several procedures and protocols have to be maintained. Mistakes are sometimes made and testing of suspects can be improperly performed. Knowing the procedure and knowing the methods they use, we know how to build a DWI defense that attacks their case and finds inconsistencies.

After a DWI, your first concern is keeping your license, but you will also face other potentially immediate and long-term consequences. Taking a close look at your situation, we will help you assess the possible criminal penalties, including fines, probation and incarceration. Even for first-time offenders, the fines can be severe.

License Suspension

In New York, if you refuse to take a breath test, your license is suspended immediately and automatically. The state has to give you a hearing within 15 days of the arrest. If they decide that the police officer had probable cause, there is an automatic, one year license suspension, regardless of the outcome of your criminal case. We have never lost a refusal hearing and we will work hard to protect your rights going forward as well.

It is also important to note that the only time you go before the DMV in a drunk driving case is if you refused to take the test. If you submitted to a breath test, your license suspension will be determined in court.

Contact Us

If you seek to keep your license and minimize the damages of a DWI conviction, talk to a Traffic violations attorney before you talk to the police. Offering 24 hours-a-day urgent service, in addition to our weekly business hours in Saratoga Springs NY and Glens Falls NY, we are ready to help you today. Contact Saratoga Springs DWI attorney Amedio for an initial consultation.

DWI

In New York, the Driving While Intoxicated statute contains 5 offenses:

Driving While Ability Impaired ("DWAI").

This offense is committed where the driver has consumed alcohol to the extent that he/she "has actually impaired, to any extent, the physical and mental abilities which he is expected to possess in order to operate a vehicle as a reasonable and prudent driver." People v. Cruz, 48 N.Y.2d 419, 423 N.Y.S.2d 625 (1979). DWAI is a traffic infraction, not a crime.( A crime in NYS is either a misdemeanor-an offense punishable up to 1 year in county jail, or a Felony- an offense punishable more than a year in state prison.)

Driving While Intoxicated.

This offense is when a person has operated a motor vehicle with a  .08% or more by weight of alcohol in their blood. You can also be charged with DWI without a chemical test result. (If you refused to submit to a chemical test).

Aggravated DWI.

This offense is when a person has operated a motor vehicle with more .18% or more by weight of alcohol in their blood.

DWAI Drugs. This offense is a crime.

The legal standard for DWAI Drugs, however, is the same as that of DWAI Alcohol.

In addition to these basic offenses, New York has additional DWI provisions which apply to commercial motor vehicles. For example, Commercial DWAI is committed when a person operates a commercial motor vehicle while having a blood alcohol concentration of .04% or more, but not more than .06%.

The operation of a commercial motor vehicle with a blood alcohol concentration of more than .06% is a crime.

DWAI - First Offense

A person is guilty of DWAI if he/she operates a motor vehicle while his/her ability to do so is impaired to any extent by the consumption of alcohol. DWAI is a traffic infraction -- not a crime. By contrast, DWI and DWAI Drugs are crimes.

It is common for a person charged with DWI for the first time to receive a plea bargain offer reducing the charge to DWAI. However, while such an offer is common, it is by no means assured. For example, many District Attorney's Offices will not offer a reduction to DWAI if the person had a BAC over a certain level (e.g., .13%), if the person refused to take a Breathalyzer test or a blood test, if there was an accident, if there was a child in the car, if the person was obnoxious to the police, if the person resisted arrest, etc.

If you are convicted of DWAI as a first offense, you face the following potential consequences:

1. A fine of between $300 and $500, up to 15 days in jail, or both;
2. Suspension of your driver's license for 90 days;
3. A surcharge of $255.00 ($260 if the case is in either a Town or a Village Court);
4. A driver responsibility assessment of $250 a year for 3 years; and
5. A requirement that you attend a Victim Impact Panel

       You will most likely be eligible for the Drinking and driving Program and a Conditional License if you do not have a prior alcohol related offense within 5 years.

DWAI -- Second Offense

If you are convicted of DWAI after having been convicted of DWI, DWAI or DWAI Drugs within the past 5 years (the 5 years runs from the date of the prior conviction to the date of the present charge), you face the following potential consequences:

1. A fine of between $500 and $750, up to 30 days in jail, or both;
2. Revocation of your driver's license, DMV will require evidence of alcohol evaluation and/or rehabilitation before it will ever relicense you;
3. A surcharge of $255 ($260 if the case is in either a Town or a Village Court)
4. A driver responsibility assessment of $250 a year for 3 years; and
5. A requirement that you attend a victim Impact Panel

You will not be eligible for either the Drinking and Driving Program or a Conditional License.

DWAI -- Third and Subsequent Offenses

If you are charged with DWAI after having been convicted of 2 or more violations of DWI, DWAI or DWAI Drugs within the past 10 years, you can be charged with misdemeanor DWAI, in which case you face the following potential consequences:

1. A fine of between $750 and $1,500, up to 180 days in jail, or both;
2. A period of probation of 3 years;
3. Revocation of your driver's license for at least 18 months. In addition, DMV will require evidence of alcohol rehabilitation before it will ever relicense you;
4. A surcharge of $395 ($400 if the case is in either a Town or a Village Court);
5. A driver responsibility assessment of $250 a year for 3 years; and
6. A requirement that you attend a Victim Impact Panel

You may be eligible for the Drinking and Driving Program, but will not be eligible for a conditional license.

Also, even if the DWAI is not elevated to a misdemeanor, your driver's license will still be revoked for at least 18 months, because once you have 3 or more DWI, DWAI or DWAI Drugs convictions within 10 years, DMV imposes a license revocation of 6 months per offense. Thus, 4 offenses within 10 years would result in a 24-month license revocation, etc.

DWI -- First Offense

DWI is a crime, conviction of which will result in a lifetime criminal record. If you are convicted of DWI as a first offense, you face the following potential consequences:

1. A fine of between $500 and $1,000, up to 1 year in jail, or both;
2. A period of probation of 3 years;
3. Revocation of your driver's license for 6 months;
4. A surcharge of $395 ($400.00 if the case is in either a Town or a Village Court);
5. A driver responsibility assessment of $250 a year for 3 years; and
6. A requirement that you attend a Victim Impact Panel.

You may be eligible for the Drinking and Driving program and a conditional license.

DWI -- Second Offense

If you are charged with DWI within 10 years of having been convicted of either DWI or DWAI Drugs, you can be charged with class E felony DWI. Nonetheless, if you are allowed to plead to misdemeanor DWI, you face the following potential consequences:

1. A fine of between $500 and $1,000, up to 1 year in jail, or both;
2. A period of probation of 3 years;
3. Revocation of your driver's license for 1 year. In addition, DMV will require evidence of alcohol evaluation and/or rehabilitation before it will ever relicense you;
4. A surcharge of $395 ($400.00 if the case is in either a Town or a Village Court);
5. A driver responsibility assessment of $250 a year for 3 years; and
6. A requirement that you attend a Victim Impact Panel

If you are convicted of misdemeanor DWI after having been convicted of misdemeanor DWI within the past 5 years, you are subject to the following additional mandatory penalties:

1. 5 days in jail, or 30 days of community service; and
2. You must install an ignition interlock device in each motor vehicle you own.

If the new DWI charge is more than 5 years from your prior DWI or DWAI Drugs conviction, you may be eligible for the Drinking Driving Program and a Conditional License.

AGGREVATED DWI

If your breath test result is higher than .18%, you will be charged with Aggravated DWI. Aggravated DWI imposes greater penalties, such as a fine of $1,000 to $2,500.

DWAI Drugs

Like DWI, DWAI Drugs is a crime, conviction of which will result in a lifetime criminal record.  DWAI Drugs are virtually identical to those of DWI, except that you are not eligible for a conditional license, but you may be eligible for a restricted use license (which is very similar to a conditional license). Also, the additional mandatory penalties for a 2nd DWI conviction within 5 years (i.e., ignition interlock device and either 5 days in jail or 30 days of community service) do not apply to DWAI Drugs.

Felony DWI

If you are charged with DWI after having been convicted of DWI or DWAI Drugs (or Vehicular Assault in the 1st or 2nd degree or Vehicular Manslaughter in the 1st or 2nd degree) within the past 10 years, you can be charged with a class E felony, and face the following potential consequences:

1. A fine of between $1,000 and $5,000, up to 4 years in state prison, or both;
2. A period of probation of 5 years;
3. Revocation of your driver's license for at least 1 year. In addition, DMV will require evidence of alcohol evaluation and/or rehabilitation before it will ever relicense you;
4. Note that while DMV will revoke your license for at least 1 year, the court can, also, as a condition of probation, prohibit you from driving while you are on probation. If that is the case, DMV will not relicense you until you submit proof that either the court or the probation department have given you permission to drive;
5. A surcharge of $520.00;
6. A driver responsibility assessment of $250 a year for 3 years; and
7. A requirement that you attend a Victim Impact Panel.

If your conviction is for class E felony DWI, and your predicate DWI conviction was within the past 5 years, you are subject to the following additional mandatory penalties:

1. 5 days in jail, or 30 days of community service; and
2. You must install an ignition interlock device in each motor vehicle you own.

If the new charge is more than 5 years from your prior DWI or DWAI Drugs conviction, you may be eligible for the Drinking Driver Program and a conditional license.

If you are charged with DWI after having been convicted of DWI or DWAI Drugs (or Vehicular Assault in the 1st or 2nd degree or Vehicular Manslaughter in the 1st or 2nd degree) twice within the past 10 years, you can be charged with a class D felony, and face the following potential consequences:

1. A fine of between $2,000 and $10,000, up to 7 years in state prison, or both;
2. A period of probation of 5 years;
3. Revocation of your driver's license for at least 18 months. In addition, DMV will require evidence of alcohol rehabilitation before it will ever relicense you;
4. Note that while DMV will revoke your license for at least 1 year, the court can, also, as a condition of probation, prohibit you from driving while you are on probation. If that is the case, DMV will not relicense you until you submit proof that either the court or the probation department have given you permission to drive;
5. A surcharge of $520.00;
6. A driver responsibility assessment of $250 a year for 3 years; and
7. A requirement that you attend a Victim Impact Panel.

If your conviction is for class D felony DWI, and your predicate DWI convictions were within the past 5 years, you are subject to the following additional mandatory penalties:

1. 10 days in jail, or 60 days of community service; and
2. You must install an ignition interlock device in each motor vehicle you own.

Chemical Test Refusal -- First Offense

A chemical test refusal is considered to be a first offense if, within the past 5 years, you have neither (a) had your driving privileges revoked for refusing to submit to a chemical test, nor (b) been convicted of DWI, DWAI, DWAI Drugs or Zero Tolerance.
The civil sanctions for refusing to submit to a chemical test as a first offense are:

1. Revocation of your driver's license for 6 months;
2. A civil penalty of $300; and
3. A driver responsibility assessment of $250 a year for 3 years (unless such assessment is already being paid based upon a DWAI, DWI or DWAI Drugs conviction arising out of the same incident).

Civil Sanctions for Chemical Test Refusal -- Repeat Offenders

A chemical test refusal is considered to be a repeat offense if, within the past 5 years, you have either (a) had your driving privileges revoked for refusing to submit to a chemical test, or (b) been convicted of DWI, DWAI, DWAI Drugs or Zero Tolerance, not arising out of the same incident.
The civil sanctions for refusing to submit to a chemical test as a repeat offender are:

1. Revocation of your driver's license for 1 year;
2. A civil penalty of $750; and
3. A driver responsibility assessment of $250 a year for 3 years (unless such assessment is already being paid based upon a DWAI, DWI or DWAI Drugs conviction arising out of the same incident).

In addition, DMV will require evidence of alcohol evaluation and/or rehabilitation before it will ever relicense you.

Chemical Test Refusal Revocation -- Underage Offenders

If you are under 21 and you are found to have refused to submit to a chemical test, your driver's license will be revoked for 1 year. If you have a prior conviction of DWI, DWAI, DWAI Drugs or Zero Tolerance, your driver's license will be revoked for 1 year or until you turn 21, whichever is longer.

Refusing to Submit to a Chemical Test

There is no simple answer on whether you should submit to a chemical test. If you are faced with that situation, call me at (518) 583-4123. I am available 24 hours a day

DMV Refusal Hearing

Before the Department of Motor vehicles can suspend your driving privileges, you have a due process right to a hearing before a DMV Administrative Law Judge.

Suspension Pending Prosecution

At your first Court appearance on a DWI, if there is a certified breath test or blood test, the Judge is required to suspend your driver's license for the entire time that the case is pending.

However, you could possibly be eligible to obtain a "hardship privilege" which lets you drive back and forth to work, school and/or to medical treatment. If your license is suspended pending prosecution, you may, after 30 days, be eligible for a "pre-conviction conditional license." In addition, you have a Constitutional right to a pre-suspension due process hearing known as a Pringle hearing.

Simply stated, suspension pending prosecution is an important and complicated area of DWI law which makes it critical that you obtain the advice of an experienced DWI attorney before you go to Court.

Conditional License

A conditional license allows you to drive:

1. To, from and during work;
2. To and from the Drinking Driver Program and any related alcohol/drug treatment;
3. To and from school;
4. To and from probation;
5. To and from DMV;
6. To and from medical treatment;
7. To and from your child's school or day care provider; and
8. For one 3-hour time period per week to run errands.

To be eligible for a conditional license, you must be eligible for, and participate in, the Drinking and Driving Program. If you obtain a conditional license, you can use it until you are eligible for the return of your full driver's license. If you are convicted of a moving violation (e.g., speeding, etc.) while on a conditional license, the conditional license will be revoked by DMV.
If you are convicted of DWAI Drugs, you are not eligible for a conditional license. However, you may be eligible for a restricted use license.

The 20-Day Order

DMV will not issue you a conditional or restricted use license until they have been notified the Court regarding your DWI, DWAI or DWAI Drugs conviction. Therefore, there is usually a delay of 10 to 18 days between the date that the Court takes your license (at sentencing) and the date that you can obtain a conditional or restricted use license.

To get you through this time period, most Courts will grant you a "20-Day Order." This document lets you keep driving for 20 days from the date that you are sentenced.

New York Speeding Ticket and Traffic Violations Attorney

Whether you are traveling through New York State for business or came to visit one of the many tourists attractions such as; the Saratoga Thoroughbred Race Track, Saratoga Performing Arts Center, Lake George, Lake Placid, or headed to Canada, there is a possibility that you will encounter a police officer or New York State Trooper. If that unfortunate meeting occurs, do not plead guilty. Contact the Law Offices of Gerard V. Amedio, P.C. to be your Traffic Violations Attorney.

In most cases I can resolve your case with a plea bargain by mail and you will never have to appear in court.

SPEEDING TICKETS AND OTHER TRAFFIC INFRACTIONS

In New York State there are serious repercussions when you are convicted of a traffic infraction such as:

1. You will lose your driving privileges if you accumulate 11 points within 18 months or are convicted of 3 speeding violations.
2.  If you accumulate 6 points within 18 months the Department of Motor Vehicles will charge you a drivers assessment penalty of $100.00 per year for the next 3 years/
3. Fines and surcharges can range from 100.00 to $2,500.00.
4. You can face jail time for a speeding conviction
5. Possible insurance increases
6. Out of state license drivers can face reciprocity in their own licensing state for a violation in New York.

Disclaimer

In this website, we will provide you with some information with regard to criminal charges. It is absolutely critical to note, however, that the information contained in this website should not be construed as legal advice -- it is more like a general reference guide. Every case is different, as is every client.