New York DWI Lawyer

When driving on a public road in both New York and New Jersey, you give your “implied consent” to provide samples of your breath if you are suspected of driving under the influence. A police officer must have a legitimate reason to suspect that you are driving while intoxicated in order to justify the collection of a breath sample. 

Refusal of a breathalyzer test is handled differently in NY and NJ. In New Jersey, refusal of a breathalyzer is a separate offense from DWI. If you refuse to take the test, you will be subject to an additional charge with the same penalties as DWI. It is important to remember that a police officer does not need a warrant to administer a breath test, and they are required to explain the implied consent law to you. Blood tests generally require a warrant unless the diver is unconscious and unable to take a breath test.

The process surrounding field sobriety tests is different than breathalyzer testing. Field sobriety tests usually include walking and turning, standing on one leg, and following an object with your eyes. These tests are voluntary and their completion is not required by law. You cannot face legal penalties for refusing to participate. However, if the officer suspects that you are under the influence, you will likely be asked to undertake a breath test. As discussed above, refusal to take a breath test can have severe consequences. 

Although you can legally refuse to partake in field sobriety tests, this action sometimes prompts officers to believe that you have something to hide, which may lead to an arrest.

New Jersey’s Open Container Law prohibits both drivers and passengers from having open alcoholic beverage containers inside a vehicle, whether that vehicle is in use or parked. Any liquid beverage that contains more than 0.5% alcohol falls under this law, with the “open” part of the law including any container from which a person could or could have consumed the beverage. 

Exceptions to this law include alcohol consumption in legally authorized vehicles (such as certain limos or buses) and the storage of open alcohol containers in a vehicle’s trunk. Violation of NJ’s Open Container Law is considered a traffic violation and may result in a $200+ fine. The offense will not appear on your criminal record, but it will be added to your driving record.

A DWI/DUI arrest can lead to immediate suspension or revocation of your driver’s license, with the duration depending on whether it’s your first offense or a repeat violation. In some cases, you may be eligible for a conditional license, but you’ll likely be required to install an ignition interlock device (IID) in your vehicle. This breathalyzer device prevents the car from starting if the driver has alcohol in their system.

The duration of your license suspension may also depend on your blood alcohol level (BAC) at the time of your arrest. For example, first-time DUI offenders in NJ with a BAC level at or above 0.15% may still lose their license for up to six months. If you are charged with any DUI offense in the following ten years, your license may be suspended for up to two years. Whether you were convicted of driving under the influence of alcohol or drugs, temporary license suspension is still a likely outcome.

Yes, plea bargaining is possible in DWI/DUI cases, but it depends on the specifics of your case. Some charges may be reduced to lesser offenses, like a DWAI (Driving While Ability Impaired), or you might receive reduced penalties. While plea bargaining is a well-established part of the DWI case process in New York, it only went into effect in New Jersey at the beginning of 2024. Before this, plea bargaining was prohibited for DUI cases in NJ. Now, those facing DUI consequences are often able to work with a lawyer to negotiate a plea and reduce the potential consequences of their arrest. 

Plea bargaining is a complex process that requires a specific balance of knowledge and experience. The help of a dedicated attorney like Mario Gallucci is invaluable in these situations and can help negotiate the best possible outcome for your case.

Yes, you can be charged with DUI if prescription medications impair your ability to drive safely. Even though the medication is legally prescribed, its use can still lead to charges if it affects your motor skills or judgment behind the wheel. Prescription drug DUI cases are not based on the concentration of the drug in your system, but rather the impairment it has caused. Breathalyzer results do not provide the right kind of evidence in these cases, so police normally need a blood or urine test to prove the presence of a narcotic in the driver’s system.

Drug recognition experts (DREs) are normally consulted on such cases. They are trained to detect narcotic analgesics/opioids, drugs used to treat anxiety and sleep disorders, stimulants, marijuana, inhalants, hallucinogens, and disassociative anesthetics.

A DWI/DUI conviction cannot be expunged from your record in New York or New Jersey. In NJ, this is because DUI is considered a traffic violation rather than a criminal offense. The only way to remove such a charge from your driving record in these states is to apply for Post Conviction Relief, which involves the investigation of prior convictions to confirm whether or not errors were made. 

As with many intricacies of the legal system, an experienced criminal defense attorney can help you navigate the Post Conviction Relief process and protect your legal rights along the way.

It’s highly recommended that you hire a lawyer if you are facing DUI/DWI charges in New York or New Jersey. A lawyer specializing in impaired driving defense will be an essential resource throughout your case and trial, standing by your side to protect your rights every step of the way. When you work with a lawyer who is familiar with your unique charge, you reduce your risk of maximum fines, license suspension, and even jail time.

Mario Gallucci of The Gallucci Law Firm has over 30 years of experience in criminal defense and litigation. Having represented high-profile clients in NY, NJ, and federal courts, he is ready and willing to work with you and address the specifics of your case. Trust The Gallucci Law Firm to fight for you and your best interests – contact us to schedule a free consultation today.