If the Department of Motor Vehicle finds that you are eligible to enroll in the Drinking Driver Program (DDP) you can request a conditional license if it is your first DWI conviction. Be warned, a judge can prohibit you from enrolling in the program.

Back To Top

If you refuse to take a chemical test requested by law enforcement officers to test your blood alcohol concentration (BAC), your license will be suspended for at least six months by the Department of Motor Vehicles at an administrative hearing. You will also be fined up to $300. If this is your second refusal, you will lose your license for a year and face a $750 fine.

A driver who is under the 21 and refuses to submit to a chemical test will lose their license for one year under the Zero Tolerance Law. They will also face a $300 fine. The administrative hearing and resulting penalties and suspension is completely independent from any hearings, penalties, and fines for a drugged driving or drunk driving conviction.

Back To Top

Any DWI conviction will be listed on your driving record which is reported to your insurance company. Your rates will most likely increase, the company may refuse to insure you, and you may have to obtain high risk insurance coverage.

Back To Top

A DUI (Driving Under the Influence) is a term commonly used in the United States, however, it is not used in New York Law.

A DWI or Driving While Intoxicated offense is when a person operates a vehicle with a BAC of 0.08 or more, or witness testimony and evidence reflect that are operating a motor vehicle while your ability to do so is negatively affected by drugs or alcohol. In an Aggravated DWI offense, the driver has a BAC of 0.18 or more.  While a first DWI conviction is a misdemeanor, second or subsequent DWI convictions are felony offenses.

A DWAI or Driving While Ability Impaired offense is when a driver operates a motor vehicle with a BAC of between 0.05 and 0.08. A first and second DWAI conviction is a violation, however a third DWAI conviction is a misdemeanor offense.

Back To Top

You should contact an experienced Queens DWI defense attorney as soon as possible. Your attorney will need for you to explain everything that happened from when you were pulled over by the police to when you were placed under arrest. Because your attorney needs the details about your case to begin developing your defense, you should meet with them as quickly as possible after the arrest.

Back To Top

Yes, any person convicted of a DWI is required to install an Ignition Interlock Device (IID) on all vehicles they own and drive. An IID is a breathalyzer that prevents your vehicle from starting if your BAC is .025 or more. You will also have to blow into the device periodically to keep it running.

How long you will need to keep the IID on your vehicle depends on the specifics of your case but you can expect to use an IID for at least six months. During this period, you are not legally allowed to drive any vehicle that does not have an IID installed.

Back To Top

While there are several differences, the biggest is that a DWI is a misdemeanor crime and a DWAI is a violation. Also, as it is a more serious offense, a DWI carries much heavier fines and penalties.

Back To Top

In New York, a DWI offense remains on your criminal record forever, as the state generally does not allow for a crime to be expunged from your record.  In fact, the courts can “look back” through your record and use all prior DWI convictions when weighing sentencing options, though the detrimental statutory effects of a single DWI last for about ten years.

Drivers under the age of 18 who are convicted of a DWI may have their record sealed if they are considered a youth offender.

Back To Top

Always be polite to law enforcement officers, but tell them you are invoking your right to remain silent, and that you need to speak to an attorney before making any statements. Ask to use a phone to call your attorney but do not give any details of the arrest to your attorney over the phone. Just tell them that you have been arrested for DWI in Queens and need their services.

Keep in mind that if you refuse to take a chemical test or breathalyzer test under the laws of Implied Consent, your driving privileges will be suspended. Therefore, you will need to balance your driving history and how much alcohol you have consumed against losing your license because of the mandatory suspension for refusal.

Back To Top

Drivers under the age of 21 who are arrested for any DWI offense face losing their license for up to four years or until the reach the age of 21, no matter how long that may be. Underage DWI offense also carry penalties that all drivers face for Driving While Intoxicated offenses.

Back To Top

The law says that you do not have to say anything that might incriminate you. If police officers ask questions about alcohol consumption and where you are going or where you have been, the law says that you can politely inform the officer that you refuse to answer questions before talking with your attorney.

Back To Top

You have the right to remain silent during your arrest and subsequent questioning. You are required to give police officers your vehicle registration and insurance, as well as your driver’s license. Because anything you say can be used against you in court, it’s best to politely tell the police that you want to speak to your lawyer before you answer any questions.

Back To Top

According to the law, if you want to retain your driving privileges, you must submit to chemical tests when requested by law enforcement. If you refuse to take the test, your driver’s license will be immediately suspended. The Department of Motor Vehicles (DMV) will determine at a hearing whether your license should be reinstated or if it will be revoked. This hearing is completely separate from any hearing regarding the alleged DWI offense.

Some people have decided that because they don’t trust the reliability of these tests they will refuse to submit, even if they have had nothing to drink. Be aware that your refusal may also be used as evidence against in court.

Back To Top

There are certain situations which could allow your driving privileges to be returned. Depending on your circumstances, you may also be eligible for a restricted license that would allow you to drive to work or school and back. An experienced Queens DWI attorney can help you apply for a reinstatement of your driver’s license or for a restricted license.

Back To Top

Yes, you should attend the chemical test refusal hearing for several reasons. Because you may not be able to offer a plea bargain for reduced charges, it is imperative that your attorney be able to question the arresting officer to get his testimony. We can use this testimony to help us analyze our defense approach for your case, and it may also be used in court regarding the DWI offense.

If the police officer(s) involved in your case are unable to attend the hearing, your license will be reinstated until the court can hear your case. Also, depending on the circumstance of your case, we may be able to get your license reinstated during the hearing.

If you decide not to go to the chemical test refusal hearing, you will be fined a penalty and your driver’s license will be revoked.

Back To Top

An experienced Queens DWI attorney will be able to help you navigate the complexities of New York DWI laws, help you build a solid defense, work with you to have the charges leveled against you reduced or dismissed, and help you get a your license back or apply for a restricted license.

Your attorney will know how to evaluate the evidence of your case including the processes and procedures of the initial stop, field sobriety tests, breathalyzer tests, the arrest, and the chemical tests. We will work to have unlawfully obtained evidence suppressed at trial.

Back To Top

According to research, the reliability of the breathalyzer in determining accurate blood alcohol concentrations is not very positive. The breathalyzer gives results based on assumptions about the individuals taking the test that may not be correct. Because of this and other factors, breathalyzer machines offer results that are basically an estimate or best guess.

Back To Top

Just because a driver blows a .08 does not mean they are necessarily guilty of Driving While Intoxicated. For a driver to be convicted of DWI, the state must prove the person had at last a .08 BAC while they were operating a motor vehicle.

Fact is, what a person’s BAC level actually is depends on many factors including the amount of time since the last drink. You see, a blood alcohol concentration level may go up as the body processes alcohol, and drops over time. Given that a breathalyzer test may be taken a long while after the last drink was consumed, it is nearly impossible to pinpoint when a person’s BAC hit .08 with only one breath test.

Back To Top

Yes, an experienced Queens DWI attorney can make a huge difference in the outcome of your case. Being arrested for a DWI in New York means you may be facing serious penalties, not the least of which is jail time, vehicle forfeiture, driver’s license revocation, higher insurance rates, and a mark on your driving and possibly even your criminal record.

Our Queens DWI defense law firm has been featured in many major news outlets including the New York Times, the New York Daily News, El Dario, and the New York Post among others. For more than 30 years, our firm has been standing beside those accused of drinking and driving. Our creative defense strategies have led to reduced and dismissed charges, as well as reinstatement of driving privileges.

We begin building your DWI defense as soon as we speak with you and learn the facts of your case. We start our investigations from the point of contact with the arresting offices, including if the initial stop was within the law, if there is proof that you were operating a motor vehicle while driving under the influence, and if proper procedures were followed by the police and the lab that conducted any chemical tests. We explain our findings to you and work with you to determine your best course of action.

Our Queens DWI law firm aggressively fights for your rights, defends you against the DWI allegations and stands beside you until the case against is fully resolved. Before, during, and after the trial, our attorney’s will advocate for you.

The Queens DWI defense law firm of Kerben and Associates has been defending the rights of those who stand accused and consistently work for your best outcome. Our offices are located across from the Queens criminal court, for your convenience. Call 718-575-8433 now for a free case evaluation.

Back To Top

There are many issues involved in a driving while intoxicated case that may be used against you, so we review each one to determine its validity. From the legalities of the stop, to the procedures and protocols of the initial stop, administration of field sobriety tests, breathalyzer and chemical tests, through your arrest, we evaluate your entire case and work to have any misbegotten evidence dismissed from your case. We also determine if any of the steps or evidence in your case can be used in your favor.

Back To Top

When you are arrested, the police officer is supposed to inform you that anything you say can be used against in court. If the officer fails to inform you of your Miranda rights, (your right to remain silent), and you do not waive these rights, then any statements you make after your arrest and while being questioned by the police will probably be dismissed from your case. Failing to inform you of your Miranda rights does not necessarily mean your case will be dismissed.

Back To Top

The police may seize your vehicle if you have been charged with drunk driving. This forfeiture action is separate from any civil case against you and brought by the police department. In fact, even if you are found not guilty of driving while intoxicated, the police can still sue you for your vehicle. Your DWI attorney can help you contest the forfeiture and work to get your car back as soon as possible.

Back To Top

New York has severe punishments for those who are found guilty of driving while intoxicated. Some of the things you can expect after being arrested is the revocation of your driver’s license and an administrative hearing if you refused to take a breath or blood test (which is separate from the criminal case against you for drunk driving.) The police department may sue to have your vehicle forfeited for driving while intoxicated (again, this is a court proceeding that is separate from the drunk driving case). If found guilty, your insurance rate may dramatically increase, or you may have to get special high-risk insurance. You may also have to participate in the state’s Drinking Driver Program, pay thousands in fines and costs, and possibly even have to install an Ignition Interlock Device (IID) on all vehicles owned and driven by you.

If you are facing a Driving While Intoxicated charge in Queens, New York, it is in your best interest to hire an experienced DWI attorney and fight the case against you. Call us now for a free DWI case evaluation at 718-575-8433.

Back To Top

The facts and circumstances of every drunk driving case can be extremely different. This makes it very hard to set a ‘fixed’ price to defend these types of cases. Often, several factors play into how much fighting your case will cost.

We offer completely free consultations at our office in Queens.  During the consultation we will review the facts and circumstances surrounding your arrest, assess each of the charges against you, discuss the strengths and weaknesses of your case, review your possible defenses, criminal history (if any), immigration status, and other relevant factors. Upon our review of your case, we will break down the fee we will charge to take your case.

To schedule your free consultation, please call 718-575-8433.

Back To Top

You should contact an attorney as soon as possible. The prosecution will attempt to prove that you were ‘drugged driving’ which could result in a Driving While Ability Impaired (DWAI-drugs) conviction which carries fines, a jail term, and license suspension.  Contact an attorney as soon as you are arrested and inform the police that you refuse to answer any questions until to you speak to your attorney. Never waive your Miranda Rights.

Back To Top

The penalties for driving high are similar to a first-time drunk driving conviction, and include up to a $1,000 fine, up to 12 months in jail, and a license suspension of at least 6 months. A second drugged driving conviction within ten years would be a Class E felony.

Back To Top

You can be arrested for Driving While Ability Impaired by drugs if you have any amount of a drug in your system. If you were arrested but where not driving high, contact us right away. We can help you fight the charges. Marijuana stays in your system for days and even weeks after use, but that doesn’t necessarily mean your ability to drive was impaired.

Back To Top

Driving While Intoxicated (DWI) is a criminal offense in which a driver has a blood alcohol concentration (BAC) of 0.08 or more. Driving While Ability Impaired (DWAI) by alcohol is a lesser offense where the driver has a BAC of between .05 and .07 percent, and/or is impaired enough that their ability to drive in a prudent and reasonable driver is diminished. A DWAI by drugs is a separate offense that carries the same penalties as a DWI. To be charged with DWAI by drugs, the prosecutor must only prove that you had some amount of a drug in your system, and that drug impaired your ability to drive.

Back To Top

Yes, you can be arrested for driving while taking certain types of prescription drugs, and even over-the-counter medications. You can be arrested for DWAI by drugs for any drug that impairs your physical and/or mental abilities to operate a motor vehicle. Any amount of a drug found in your blood is enough to bring charges against you.

Back To Top

When you get your driver’s license, you are essentially consenting to take a chemical test when requested by law enforcement officers. If you refuse, your license will be immediately suspended. IF you do not win the DMV refusal hearing, your license will be revoked by the DMV for a specific amount of time. If you are convicted of drugged driving, or Driving While Ability Impaired by drugs, you will lose your license for six months.

Back To Top

Your family member should remain calm and be polite to the police officers. Inform the officer(s) that you won’t answer any questions until you have spoken to an attorney. Officers may request that you submit to a chemical test. Be aware that if you refuse to submit to the test, your driver’s license will be suspended immediately by the DMV.

Back To Top

If you are arrested and convicted of drunk driving, you will be required to get an alcohol evaluation at an alcohol counseling center certified by the Office of Alcohol and Substance Abuse Services (O.A.S.A.S.). A counselor will assess your circumstances and decide if you need to continue counseling. The Drinking Driving Program (DDP) may be available to you if you are attempting to get a post-conviction conditional driver’s license. The DDP program lasts for seven weeks, with one two to three hour class per week. The class consists of lectures, interviews, and written tests. If you do not participate in the program, or your participation is unsatisfactory, or if you are referred for further therapy and refuse to go, your conditional license will be terminated.

Back To Top

While you will be required to have an Ignition Interlock Device (IID) installed on any and all vehicles you own or operate, there are some instances in which you could be able to drive your employer’s vehicle without installing an IID. These instances include notifying your employer of your requirement to install an IID, and you can provide written proof to the Court and Probation Office stating that the employer is aware of your IID requirement, and that he/she gives you permission to drive the work vehicle without an IID only for work purposes. You must also notify the Court and Probation Office that you will be driving that work vehicle without an IID.

Back To Top

If the IID detects alcohol on your breath sample, your vehicle will not start. The IID will require a retest within 15 minutes of the first breath sample. If you fail or miss the retest, your vehicle will not start, and you will have 5 days to have the IID serviced or your vehicle will no longer work and the device enters “lockout mode.”

Back To Top

You will be fully responsible with having the IID installed and maintained. For the minimum term of 6 months, the device can cost you upwards of $800, which is above any legally imposed fines or costs.

Back To Top

If alcohol was not involved and you did not have a minor in the vehicle with you, a third DWAI by drugs conviction within ten years of the first carries a fine of up to $10,000, up to seven years of incarceration, and a mandatory license revocation of at least one year.

Back To Top

Police officers use many factors in determining if a driver is high behind the wheel. They will evaluate your driving behavior, your appearance, and your actions. If they smell the odor of marijuana they may use that too. If marijuana is found in your vehicle or on your persons, you could also be charged with possession, and depending on how much marijuana you had, it could be a felony offense, on top of the DWAI by drugs offense.

Back To Top

While there is a limit on how much alcohol you can have in your system before you are intoxicated (blood alcohol concentration or BAC of 0.08), drugged driving has no legally established set limit. Because everyone metabolizes marijuana different, and because marijuana can stay in your system for an extended period of time, it is nearly impossible to legally determine how much is too much when it comes to driving. However, the Driving While Ability Impaired by drugs (DWAI by drugs) infraction simply makes any amount of marijuana in your system a violation. An experienced Queens DWAI by drugs attorney will know how to defend you against the violation and get the best outcome for your specific circumstances.

Back To Top

Even though a DWAI by drugs offense is a misdemeanor, the penalties for a conviction are severe and costly. You could go to jail, have your license revoked, and pay hefty fines. The offense will also be added to your driving record, which will significantly increase your auto insurance rates, and you will have a criminal record that will follow you the rest of your life.

Back To Top

The legal limit for operating a motor vehicle in New York City is a blood alcohol concentration (BAC) of .08. The limit for a Driving While Impaired offense is .06.

Back To Top

How much alcohol you can consume before reaching the legal limit depends on many factors including your gender, body weight, and if you’ve eaten, among other factors. However, the average male may be able to drink one drink before hitting the legal limit, and the average woman may hit the legal limit before they finish their first drink.

Back To Top

The circumstances of your arrest, your record, driving history, and the seriousness of the offense, such as if someone was severely injured, are all factors that are weighed when a jail sentence is handed down. Jail alternatives, such as drug court, probation, or drug rehabilitation programs may be available. You may also want to explore the legalities of the DWI arrest and whether or not proper procedure was followed during evidence collection as any errors that are found may work towards the charges being dismissed or reduced.

Back To Top

If you are charged with a DWI in Queens, you may lose your license for six months or more depending on the circumstances of your arrest. Also, if you refused to submit to a chemical test requested by law enforcement officers, New York law requires that you license be suspended for 12 months. Your license will be suspended for one year if you are under the age of 21 when you are arrested.  You may be able to seek a hardship license that allows you to drive to specific destinations such as work and school.

Back To Top

If you are arrested for second DWI within five years of the first DWI offense, you will not be eligible for a restricted or hardship license.

Back To Top

In 2009, New York enacted a law called “Leandra’s Law” that makes it a felony for anyone to drive drunk with a passenger under the age of 16 in the vehicle that carries a punishment of up to four years’ incarceration.

The law was named after an 11-year-old girl who the passenger in car driving by a woman who had allegedly drank for hours before getting behind the wheel. The driver lost control of the vehicle and Leandra Rosado was killed in the crash. Anyone who is convicted under this law is required to install an Ignition Interlock Device (IID) on all vehicles they own for at least six months.

Under Leandra’s Law, drivers who cause the death of a child under the age of 16 while driving impaired by drugs or alcohol may serve up to 25 years in prison for this Class B felony. Drivers who cause serious injury to a passenger under the age of 16 may be charged with a Class C Felony which carries a prison sentence of up to 15 years.

Parents and guardians who are charged with drunk driving or drugged driving  while their child or children are in the vehicle will be reported for child abuse.

Back To Top