| Every case is different and there are no guarantees. | | | | you are from out-of-state, a New York DUI |
| Below are rough answers to some questions we hear | | | | conviction may not affect your license or insurance, |
| frequently. | | | | except in Quebec and Ontario. In our experience, |
| Q: Will we be able to get a plea bargain? | | | | reporting of DUI matters to other states is |
| A: Usually a good lawyer can get a first-DUI charge | | | | inconsistent. They are supposed to be reported |
| reduced to a DWAI violation. In some counties, it is | | | | through the Drivers License Compact, but many of |
| more difficult to reduce a DWI if your blood-alcohol | | | | our clients have not been affected. On the other |
| concentration (BAC) is particularly high. The individual | | | | hand, some of them have been affected. |
| prosecutor may have a set number in mind. For | | | | Q: Can we beat the charge? |
| some that means over 0.15. For others it might be | | | | A: Maybe. Most DUI charges are difficult to beat and |
| 0.18 or 0.20. Others will agree to a plea bargain | | | | it will cost a lot more to fight than to make a deal. |
| regardless of the BAC. Other factors also might | | | | The police usually do a good job and the hard truth |
| prevent a plea bargain, such as if the charge arose | | | | is, most defendants are guilty. Still, the police |
| out of a serious accident, if you have a criminal | | | | sometimes slip up. They may not have had a good |
| record, or if it is not the first DWI on your record. In | | | | reason to stop your car. They may not have had |
| such cases, a good lawyer may be able to get a | | | | enough evidence to require a BAC test. They may |
| reduction later if they can find any weakness in the | | | | have done the tests wrong. You may have credible |
| prosecution's case. It may be possible to get a | | | | witnesses who can say you were not intoxicated. A |
| reduction even with a high BAC if you get a | | | | good lawyer can review these issues with you and |
| substance abuse evaluation and comply with the | | | | give you better answers. |
| treatment recommendations from the evaluation. | | | | It makes more sense to fight a DUI if you have a |
| [Update: Effective in 2007, a BAC of 0.18 generally | | | | prior DUI conviction (including DWAI) in the last 5 |
| results in an Aggravated DWI charge. In such cases it | | | | years, as you will likely be ineligible for a conditional |
| is generally difficult to get the charge reduced to | | | | license. |
| DWAI, though an attorney can generally get this | | | | [Update: Based on some recent changes in DUI laws |
| reduced to regular DWI - not much of a bargain | | | | in New York and other factors, we generally feel |
| however.] | | | | that most cases should be fought at least through a |
| Q: Do I need a lawyer? | | | | motion and hearing. I discuss this in two more recent |
| A: No. If you want to plead guilty to the charge, or if | | | | articles, one on DWAI and another on DWI and |
| you want to try to negotiate for yourself, you do | | | | Aggravated DWI.] |
| not need a lawyer. In many courts, a good lawyer | | | | Recent examples of DUI cases we are fighting |
| will get you a better deal than you will get for | | | | include where our client was stopped by police for |
| yourself. Also, a good lawyer may be able to spot | | | | running a stop sign in a parking lot (generally not |
| weaknesses in the prosecution case against you. A | | | | illegal), and another where our client was sleeping at |
| very experienced DWI lawyer knows the ins and | | | | home when the police came to get him (the BAC |
| outs of these issues better than non-lawyers, and | | | | test is probably invalid). |
| better than most regular lawyers. | | | | Q: What do lawyers charge? |
| Q: Do I have to come to court? | | | | A: Fees vary widely for DWI cases. There are some |
| A: Usually. Some out-of-state or out-of-area clients | | | | lawyers who charge as little as $350. I know of one |
| might not have to come to Court if a lawyer appears | | | | lawyer who starts in the $5000 neighborhood. Most |
| for you. Other than that, NY DUI defendants have to | | | | good DWI lawyers charge a minimum of $1000, |
| come to Court. You will have to surrender your | | | | because of the amount of time involved in reviewing |
| license, and the judge will want to make sure you | | | | the case and making sure you get the right result, |
| understand what you have to do. We have | | | | and because of the risk of having to go back multiple |
| represented clients from other states and distant | | | | times. |
| parts of New York State (such as New York City) | | | | [Update: I found out that the expensive lawyer I |
| without our clients appearing. Many judges are | | | | referenced above actually starts at $7500. He is |
| uncomfortable with it, but so far no one has refused | | | | rather good.] |
| to allow it. We've even done it with a local client, | | | | Q: What's the difference between DUI, DWI, and |
| where he was out of state visiting his mother in the | | | | DWAI? |
| hospital. But generally, for local clients, you will have | | | | A: DWI stands for Driving While Intoxicated, which is |
| to appear. | | | | either a specific numerical BAC result of 0.08 or |
| Q: Will my insurance rates go up? | | | | higher (V&T Law Section 1192(2)), or a general |
| A: Probably for New York drivers, and maybe for | | | | notion that you're intoxicated, proven by testimony |
| out-of-state drivers. A DUI conviction is reported on | | | | and other evidence of the nature of your impairment |
| your New York driving record. If your insurance | | | | (1192(3)). DWAI stands for Driving While Ability |
| company finds out, your rates will almost certainly go | | | | Impaired (1192(1)), and is generally considered to be |
| up. In some cases your insurance company will drop | | | | when the BAC result is higher than 0.05. |
| you as a customer and you may have to enter the | | | | DUI stands for Driving Under the Influence, and is a |
| assigned risk pool, where rates are dramatically | | | | general term in the US for the subject. The term DUI |
| higher. It is possible that your insurance company will | | | | is not commonly used in the legal system in New |
| not find out, and then your rates shouldn't go up. If | | | | York State. |