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Tag Archives: DWI

Factors that impact the accuracy of a breath test

If you have ever been pulled over on suspicion of drunk driving, you may have been asked to take a breath test. Typically administered by having you blow into a breathalyzer, which is an instrument used to determine your blood-alcohol content, the breath test gives law enforcement an idea of whether you consumed alcohol before …

Dina Lohan gets community service in New York DWI case

Lindsey Lohan’s mother, Dina Lohan, was in the news this week when she was sentenced in her New York drunk driving case. The actresses’ mother was arrested for allegedly driving drunk on Long Island last September after celebrating her birthday. She initially pleaded not guilty to driving drunk, but did admit to speeding. She later …

New York man faces felony DWI after driving with infant in car

Earlier this week, it was reported that a New York City man was arrested for allegedly driving drunk with an infant in his car. He is facing very serious criminal charges for the offense. There are only two situations in New York in which prosecutors have the ability to charge you with an aggravated DWI, …

Can a smartphone app save you from a DWI conviction in New York?

Drunk driving laws are very tough in New York. People often find themselves pulled over and being accused of driving while intoxicated when they feel like they are perfectly safe to drive. Some drivers even purchase personal breath test devices and read up on drunk driving laws so that they can get an idea of …

Probe of drunk driving survey shines spotlight on driver’s rights

Last month, we discussed the controversy that has arisen regarding a federal roadside survey intended to gather information about drunk driving and drugged driving. The survey is facilitated by the National Highway Traffic Safety Administration, which has enlisted the help of both private contractors and local police departments. The contractors and police take motorists off …

Did drunk driving survey violate the rights of drivers?

The Fourth Amendment protects U.S. citizens from unreasonable search and seizure. This means that the government does not have the right to search an individual or his or her property without consent or a warrant. There are certain exceptions to this rule, but in general the government may not intrude into the lives of citizens …

New York lawmakers aim to toughen drunk driving laws

The consequences for driving drunk in New York are severe. A conviction for a DWI can result in fines, a revoked driver’s license, jail time and more. Nonetheless, New York state lawmakers think that the laws are not tough enough, and they are working to strengthen DWI penalties. Three bills that would increase punishments for …

Investigation is a reminder that DWI blood tests are not foolproof

Many DWI defendants in New York may think that they have no chance to successfully fight a conviction if the blood-alcohol evidence indicates guilt. While the existence of incriminating blood or breath evidence can make a case tough, DWI defendants should not give up. There are still viable defense options. In some cases, blood and …

More women are being arrested for DWI

New York residents may be surprised to learn the number of women facing DWI charges is on the rise. FBI statistics show that the number of men arrested for drunk driving has declined since the mid-1990s, but in that same time the number of arrested women has increased. Male drivers still make up the bulk …

Drunk driving penalties get even harsher in New York

New York law is very tough on drunk drivers, but things are about to get even tougher. Gov. Andrew Cuomo signed a bill today that makes the consequences of a drunk driving conviction more serious than they have been. The bill enhances Leandra’s Law of 2009, requiring absolutely everyone who is convicted of a DWI …