Typically, when you are charged with a DWI in New York, it will be tried as a misdemeanor charge. However, if the facts of your case warrant it, a prosecutor may upgrade your charge to a felony. This may result in enhanced penalties such as extended jail or prison...
DUI
New rule may reduce instances of drunk driving
Driving while under the influence of alcohol may increase your risk of being involved in a motor vehicle accident. If you are charged with DWI by a New York police officer, you may spend several hours or days in jail and risk having your vehicle impounded. Other...
The horizontal gaze nystagmus field sobriety test
The Horizontal Gaze Nystagmus (HGN) test is a type of field sobriety test used by law enforcement officers in New York and around the country to determine whether a person is impaired by alcohol or drugs while driving. It is one of several tests that may be...
The impact of a DWI on your nursing career in New York
A conviction for drinking and driving can have severe consequences for your nursing career. A DWI conviction can be seen as a violation of the code of conduct in nursing. Depending on the jurisdiction you work in and the severity of the charge, this could result in...
The walk-and-turn part of a standardized field sobriety test
Police officers in New York and around the country ask motorists to take field sobriety tests when they observe signs of impairment but lack the probable cause they need to make an arrest. In the late 1970s, the National Highway Traffic Safety Administration (NHTSA)...
What are the consequences of refusing a breath test?
Getting arrested for DUI is one of the most traumatic things that could happen to a New Yorker. If you are pulled over by a police officer and asked to take a breath test, you might refuse. However, what happens in this situation? Refusing to take a breath test New...
When drunk driving becomes a felony
If you're arrested for drunk driving in the state of New York, you may be charged with a misdemeanor or a felony. The court will decide what to charge you with based on several factors. Whether you got arrested for drunk driving before A misdemeanor refers to a...
The three standard field sobriety tests and defenses
A driver in Sayville, New York, suspected of DUI may get pulled over by police and get checked. Many officers conduct field sobriety tests, and the National Highway Traffic and Safety Administration (NHTSA) acknowledges three as standard. Standard field sobriety tests...
Some of the most common DUI mistakes police make
In New York, police officers are often tasked with handling DUIs, and they sometimes make mistakes. It's important to understand these mistakes so that you can defend yourself properly if you're ever pulled over for suspicion of DUI. Not following the correct...
Facts about traffic stops in New York
Traffic stops are an important part of law enforcement, but they can also be a source of confusion for drivers. Some people find it hard to manage the situation when they are pulled over mainly because they don't understand their rights and what is happening. Knowing...