Attorneys for DWI in Orange County, NY
Have you found yourself with multiple offenses of D.W.A.I., D.U.I., or D.W.I.? Orange County, NY residents can trust the expert team at Silver & Lesser to fully examine the specifics of their case and ensure the best possible outcome.
New regulations were enacted in New York State on September 25, 2012 impacting drivers with multiple driving-related incidents and convictions differently. The biggest change pertains to the process of applying for a new driver’s license. After your license has been revoked, the New York State Department of Motor Vehicles examines the details of your offense and makes a determination on whether you can regain the legal ability to drive. The highlights of these regulations are outlined below.
Will You Be Affected?
The penalties depend on the cause of your license revocation. If you have had three or four alcohol or drugged driving convictions or incidents within a 25-year period, but the revocation of your license does NOT result from an alcohol or drugged driving conviction or incident, and you have had no serious driving offenses, you will be denied relicensing for two years in addition to the statutory revocation period. After you regain your license, you will have a problem driver restriction for two years. A serious driving offense is a fatal accident, a driving-related penal law conviction, conviction of two or more violations for which five or more points are assessed, or 20 or more points from any violations.
If the revocation of your license DOES result from an alcohol or drugged driving conviction or incident but you do not have a serious driving offense, the penalties become more severe. In that case, if you have had three or four alcohol or drugged driving convictions or incidents within a 25-year period, you will be unable to regain your license for a five-year period in addition to the statutory revocation period. Once your license is reissued, you will have a problem driver restriction for five years, as well as an interlock on your ignition.
You can permanently lose your license if you have also had a serious driving offense. If you have had three or four alcohol or drugged driving related convictions or incidents in the preceding 25 years, in addition to a serious driving offense, you will be permanently denied relicensing, unless there are compelling or extenuating circumstances. You will also be permanently denied a license if you have five or more alcohol or drugged driving related convictions or incidents on your lifetime driving record, unless there are compelling or extenuating circumstances.
In addition, applicants with two or more alcohol or drugged driving related convictions or incidents within the preceding 25 years will be required to serve their entire sanction period (suspension or revocation) even if they complete the Drinking Driver Program (DDP), and will be required to submit proof of rehabilitation.
The repercussions for alcohol or drugged driving related offenses can be devastating. In some cases, you may never be able to drive again. You need a loyal and prepared attorney experienced in all areas of D.W.A.I., D.U.I., or D.W.I. Orange County, NY and surrounding area residents can rely on our experienced practice to untangle the laws and secure the most favorable outcomes.
Commonly Asked Regulation Questions
I’m not eligible for a conditional or restricted license, what do I do?
If you find yourself in this situation, you will need to finish the whole period of suspension or revocation. Once you have completed this, you can apply for a new driver’s license at the DMV.
What do I need to apply for a license after revocation?
In order to receive a new license, you’ll need to complete an Application for Driver License or Non-Driver ID Card (MV-44) alongside a non-refundable $100 fee. You will send this form to the Driver Improvement Unit in Albany, NY.
Depending on your driving record, the Driver Improvement Unit (DIU) will decide how to proceed and send you their decision. Inside, you will find instructions regarding what to do next.
Can certain drivers get full privileges returned at a local DMV office?
Depending on your situation, you may be able to visit the DMV to restore your driving privileges. If you hold a conditional license and possess two alcohol or drugged driving offenses during a 25-year period and have completed DDP while completing the whole suspension or revocation term, then you may be qualified. You may also be eligible if you have a conditional license and possess one offense during 25 years and completed the DDP.
If I’ve only had one alcohol or drugged driving incident and have a conditional license, do I have to serve the suspension or revocation period?
If you finish the DDP, you can get a new driver’s license without serving the entire period. For more in-depth information regarding multiple offenses visit http://dmv.ny.gov/tickets/penalties-multiple-offenders.
Newburgh/New Windsor Felony D.W.I. Lawyers
A felony D.W.I. conviction can land you in state prison. Your entire life and that of your family can be drastically upended. All that you have worked for will be put at risk. Select a qualified, competent D.W.I. attorney to handle your matters to limit the consequences. You can contact Sol Lesser at Silver & Lesser, P.C. toll free 24/7!
We offer aggressive but thoughtful D.W.I. defense for Hudson Valley clients in Newburgh, Port Jervis, Poughkeepsie, Beacon, New Paltz, New Windsor, Cornwall, Monroe and more. An arrest does not mean a conviction. You have rights and protection under the law that a seasoned and skilled D.W.I. lawyer will use in court.
What if they say I failed the field sobriety tests?
These are coordination tests in which you are directed to perform unnatural acts that are designed to make a sober person appear drunk. Your health, your nerves, your age, and your level of athleticism will affect your performance. Road and weather conditions, as well as lighting, could also affect your performance.
Let an experienced D.W.I. attorney highlight these factors to a jury or use them to negotiate a better disposition in court.
I flunked the breath test – now what?
These machines are not infallible. They measure your breath, not your blood. They are often given an hour or more after you have been stopped – so they do not even accurately measure your blood alcohol content at the time they say you were drunk driving. These machines have a built-in margin for error. Beyond that, they take a “one size fits all” approach.
The machine tests your breath to determine a blood alcohol content (B.A.C.). To do this, they rely on a mathematical formula to convert a person’s breath to blood; 2100 parts breath to one part of blood. This conversion ratio has no basis in science. Each human has a different conversion ratio, which can vary widely. Even the same person has a different ratio at different times. The variance will greatly affect the tests results. Here, one size clearly does not fit all. Did you know that the machine is only accurate if the air going into it is exactly 34 degrees Celsius? Even a slight fever can severely inflate the results.
What if I refused the test?
It may actually help your D.W.I. case, but the results of a refusal can be devastating. You can lose your license for one year, possibly even more if you are a repeat offender.
What if I have a commercial license?
Having a commercial driver’s license is a privilege, which can easily be lost with a D.W.I./ D.W.A.I. conviction and can be permanently lost with repeat offenses. You simply cannot afford a bad outcome. It helps to have an experienced D.W.I. lawyer who can study your case and think outside of the box to preserve your CDL.
What about my rights?
We strive to protect all of your legal rights. We will explore whether or not the police officer had reasonable cause to pull you over. Did you know that swerving in your lane or crossing over the fog line might not be sufficient reason for a stop? We will explore whether or not the officer had probable cause to arrest you after the stop. If he or she did not, the results of your Breathalyzer test will be suppressed, as well as any statements you may have made afterwards.
What if I’m charged with D.W.A.I. Drugs?
All D.W.A.I. drug testing is highly technical. An attorney experienced in D.W.I. cases may not have a clue when drugged-driving is at hand. You need an attorney experienced in drug related driving offenses. Sol Lesser knows how to deal with D.R.E. officers. These so-called drug recognition “experts” who will try to convince a jury that although testing did not show the presence of alcohol, you were somehow high on drugs.
Choosing a Lawyer
Sol Lesser has spent nearly forty years practicing criminal law in the Hudson Valley. He is well experienced in all matters of criminal law. He is well respected in the legal community based upon the skill level and professionalism with which he handles his cases. His representation is aggressive without being boorish. As a former executive assistant district attorney in Orange County, he knows where the prosecutors are coming from, and their pitfalls. If you’re facing D.W.A.I., D.U.I., or D.W.I., Orange County, NY residents and those throughout the surrounding areas can trust Silver & Lesser.