Frequently Asked Questions
Presented by the Rockland County DWI Attorney
I know that this may be a daunting and overwhelming situation for you,
and you may seriously fear what's coming ahead as your DWI or criminal
charge progresses. Perhaps you've been in this situation before and are
dreading going through the process again, now only more severe than the
last. While I cannot guarantee you any specific outcome for your case,
I can assure you of a few things: I will do everything in my power to
obtain the best possible outcome for your case, and I will be there to
respond to any and every question you may have along the way. In the mean
time, I know you have questions. I've anticipated them and provided answers
based on my decades in the field.
For further information about DWI in Rockland County, contact the Rockland County DWI Attorney at the firm today.
What should I do if I am stopped by a police officer for a DWI?You should hand over your driver's license, registration, proof of insurance and do not give the officer any further information. You shouldn't answer questions about where you've been or what drinks you've had nor should you consent to a search of your vehicle. If you are being arrested, merely remain silent and ask to speak to an attorney. You have the right to consult with me as Rockland County DWI lawyer before deciding on whether to take or refuse a chemical test. It is important that you get the advice of an attorney about this because taking or refusing the test can play an important role in your case.
What is the difference between a DWI, DUI, and DWAI?In New York, DWI means driving while intoxicated, which can either be driving with a blood alcohol content (BAC) of 0.08 or higher or having your ability to drive impaired by your consumption of alcohol based on the testimony and observations of the arresting officer. DUI is a general term in this country that stands for driving under the influence of alcohol or drugs. DWAI stands for driving while ability impaired, which can be charged if your BAC is greater than 0.05, but less than 0.08.
How will I be charged in a DWIA first DWI is generally charged as a misdemeanor. A second DWI is generally charged as a felony. If you are convicted of a first or second DWAI, they count as a violation, which means you will not have a criminal conviction on your record. A third DWAI will be charged as a misdemeanor.
What is an Aggravated DWI?An Aggravated DWI is charged when the blood-alcohol content is 0.18 or higher. An Aggravated DWI carries more severe penalties, with increased fines and harsher licensing consequences.
Why do I need a DWI attorney?DWI law is a complicated area and the laws are constantly changing. It is also a very technical and scientific field involving chemical tests and the knowledge of police equipment and procedures. An experienced DWI attorney can investigate your case to find evidence that can be used to your benefit and to determine if any of your rights were violated during the arrest procedure. In view of the severe penalties you may be facing, having an attorney in your corner as early as possible can go a long way towards minimizing the resulting consequences.
What is an ignition interlock device?An ignition interlock is a device connected to a motor vehicle ignition system and prevents a motor vehicle from being started without first determining, through a breath test, that the driver's blood alcohol level does not exceed a specific level. Any driver convicted of an alcohol related misdemeanor or felony will be ordered by the court to install this device in any car owned or operated by a person convicted of a qualifying offense.