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DWI/DUI

I was Arrested for Driving While Intoxicated (DWI) or Driving Under the Influence (DUI)

My Child (15 or younger) was in the car When I got Arrested

What Happens if I do Not Blow Into The Machine?

What Happens at a DMV Refusal Hearing?

Should I Hire an Attorney for my Refusal Hearing?

What is the Difference Between a DWI and a DUI in New York?





Q: I was Arrested for Driving While Intoxicated (DWI) or Driving Under the Influence (DUI)

The consequences relating to a DWI/DUI case are significant and far reaching. An experienced attorney can explain and guide you through this difficult and challenging process.

In New York City, as well as Nassau County, you will be taken to a separate police station where you will videotaped and asked to take a breath or urine test.  You will also be asked to take a coordination test. 

  • You have the right to ask for an attorney immediately.
  • You have the right to refuse any and all offered tests.

The results of the tests can and will be used against you at a later date.  Your refusal of the breath or urine test can also be used against you at a later date. 

If you had to be taken to the hospital due to a collision, law enforcement may try to take your blood.  You have the right to refuse this as well. 


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Q: My Child (15 or younger) was in the car When I got Arrested

You will be charged with a felony, even if this is a first offense.  This is known as Leandra's Law.  Because you will now be facing a felony, your case will be adjourned for "Grand Jury Action" where it will presented before a Grand Jury to determine if the felony should go forward.  There is an inherent seriousness to felonies and you will need aggressive and skilled representation to get you through this period.  


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Q: What Happens if I do Not Blow Into The Machine?

After your arrest, you will be taken to a central location where the police officers will ask you to submit to a chemical test.  While the test can be a blood test, most often it is a breath test.  If you refuse, which may be better for your case, then your driver license (or driving privilege if you don't live in New York State) will be temporarily suspended by the court for your refusal to submit to a chemical test.  You will then be given a hearing by the Department of Motor Vehicles regarding this automatic suspension of your license. 


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Q: What Happens at a DMV Refusal Hearing?

At the hearing, an Administrative Law Judge will make a determination as to whether a refusal took place.  You will be facing up to a one-year license suspension because of your failure to submit to the chemical test.  However, you will be able to bring a lawyer and witnesses with you as well as to cross-examine the police officer(s) involved.  This is a great opportunity to learn about the police officer and evidence that may be used against you in the criminal prosecution. 


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Q: Should I Hire an Attorney for my Refusal Hearing?

Absolutely.  While the odds of getting of a directly favorable outcome are low, the hearing allows your attorney to have unfettered discovery in circumstances that are favorable to you.  If the police officer does show up, your attorney will be able to cross-examine the officer without any prosecutor’s interference.  This give you a tremendous advantage going into your criminal DWI/DUI case.  As such, having an experienced and knowledgeable attorney who knows how to cross-examine witnesses will be invaluable for the larger and more pressing issue: your criminal matter. 


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Q: What is the Difference Between a DWI and a DUI in New York?

In New York, a DWI refers to Driving While Intoxicated.  This term is when dealing with alcohol related driving.

However, a DUI refers to Driving Under the Influence which refers to driving while having a drug in your system.  Both must be treated very seriously.  In fact, a DUI in New York actually has a lower threshold of proof needed then a DWI.  


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The Law Office of Jacob Z. Weinstein, PLLC serves clients throughout Manhattan, Brooklyn, Queens, The Bronx, Staten Island, and Nassau County.



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| Phone: 646-450-3484

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As a former prosecutor, I fully understand the power law enforcement has. As a trial attorney, I know the law seems very scary.