Bronx DWI Lawyer

Frequently Asked DWI Questions

Q: What happens if I refuse the Breathalyzer?
A: If you refuse to submit to a test to determine your BAC, your license will automatically be revoked for a year after you are arraigned before a judge. Within a short period of time, about two weeks, you will have the opportunity to go before an Administrative Law Judge at the DMV. This is not a criminal proceeding, but a separate case where the judge determines if there was "clear and convincing" evidence of the events of your refusal. You can be convicted merely on the officer's paperwork. If the judge does convict you your license will be revoked for one year. If he does not, your privilege to drive in NY will be restored.

Q: Can I be arrested for DWI if I only had ONE DRINK?
A: Yes! You can be arrested and charged with a DWI offense if you: (1) Are under 21 and perform a breath test resulting in a BAC level of .02 or greater, or if you are 21 and perform a breath test resulting in a BAC level of .08 or greater. As an example, if a 120lb. woman drinks ONE LONG ISLAND ICED TEA and is given a breath test ONE HOUR after consuming that drink, a breath test would in all likelihood result in a BAC level of 0.05-0.09 -- more than enough to be arrested and charged with DWI.

Frequently Asked Criminal Questions

Q: What happens if the police didn't read me my Miranda rights?
A: If the police failed to read your Miranda rights to you while you were under arrest and they initiated questioning to you that resulted in you providing incriminating information to them, your attorney can file a motion to exclude any incriminating statements made to the police.

Q: What is an ACD?
A: An ACD or ACOD is an acronym for Adjournment in Contemplation of Dismissal. An ACD is a negotiated settlement between defense counsel and the District Attorney's office that allows a case to be adjourned for a period of time and providing that the defendant stays out of trouble, results in a complete dismissal of the originally charged offense. ACDs are very common in criminal court because of the huge workload of District Attorney's Office and the benefit to criminal defendants by allowing them to avoid a criminal conviction.