DWI

Hi,
My son was stopped at a checkpoint in Booklyn , NY on Friday night. He was asked if he was drinking and he said he had a couple of beers. They gave him a test and he was barely over the limit. They arrested him and took him to a holding pen with 60 other inmates for different violations.
First any suggestions, second any one have a good lawyer who can handle this. The cop at the precinct said, "you won't need a lawyer."
They pulled his license and now what..
Help would be apreciated .
Thanks

How old is your son? In any case, you don't need a lawyer, your son does. I hope the police officer didn't tell your son that he didn't need a lawyer though. If he did, a Miranda rule has been violated. A lawyer would'nt be a bad idea depending on the circumstances. Did he submit to the chemical test for intoxication? Did he submit to the field sobriety test?

I just sent you a PM

Frank17 said:

Hi,
My son was stopped at a checkpoint in Booklyn , NY on Friday night. He was asked if he was drinking and he said he had a couple of beers. They gave him a test and he was barely over the limit. They arrested him and took him to a holding pen with 60 other inmates for different violations.
First any suggestions, second any one have a good lawyer who can handle this. The cop at the precinct said, "you won't need a lawyer."
They pulled his license and now what..
Help would be apreciated .
Thanks

Click to expand...

Is that like: "kind of pregnant"
For sure, get an attorney, hopefully your son is not a teenager.
Either way, good luck and hopefully your kid learns a lesson, don't drink & drive.

Not necessarily a violation of his Miranda Rights, depending on when that statement was made, who made the statement, and who it was made to...you or your son.

Does he NEED an attorney? No. I think anyone charged with a criminal offense would be crazy not to retain an attorney. Even if he plans to plea out, an attorney who is experienced will be extremely helpful. Might be expensive, but probably worth it in the long run.

Hope he learns a lesson that could save his life or the lives of others in the future. "Barely over the limit" is still impaired. At least the investigation is not following a fatal accident.

He should get a good lawyer. For the future, if you asked: “Have you had anything to drink tonight?” The answer should be “NO”. This way, if you don’t smell like a sailor, the cop should have no reason to breathalyse you. I know a lot of people who suffered the consequences of admitting to having had a glass of this or that. Confessing is the worst thing you can do. Even if you are ordered to submit an immediate test and fall short of passing, you can always say that you had a few drinks yesterday. You are probably better off not to drink at all if you need to drive these days. If you have any alcohol in you, and get in to an accident, you will be blamed no matter whose fault it was.

Get a lawyer, and all the best.

(pls don't flame the messenger):




[media]http://www.youtube.com/watch?v=i8z7NC5sgik[/media]

[media]http://www.youtube.com/watch?v=08fZQWjDVKE[/media]



and others



(these were suggested viewing by a chl instructor)

Every state is different ramification wise as to the penalitys .Here in NJ for example a person DEFINATELY needs an attorney as first offence is 7 months mandatory loss of license and approx 10 grand in fines and surcharges at the very least.(I have a feeling NY may be almost as severe.)

1994viper said:

He should get a good lawyer. For the future, if you asked: “Have you had anything to drink tonight?” The answer should be “NO”. This way, if you don’t smell like a sailor, the cop should have no reason to breathalyse you. I know a lot of people who suffered the consequences of admitting to having had a glass of this or that. Confessing is the worst thing you can do. Even if you are ordered to submit an immediate test and fall short of passing, you can always say that you had a few drinks yesterday. You are probably better off not to drink at all if you need to drive these days. If you have any alcohol in you, and get in to an accident, you will be blamed no matter whose fault it was.

Get a lawyer, and all the best.

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Not true sir. Unless you are stopped at a check point, the officer will have the PC (likely recorded on a dash cam) to stop you. He can arrest and charge you with DWI if you display behavior typical of a DWI. If you swerve in the roadway, stumble out of your car when asked to exit, refuse to talk, refuse the field sobriety and intoxilyzer test, you can still be arrested and charged. Most cops will have cameras to show this behavior. The scent of the beverage will add to the evidence against you, along with any recently opened containers of alcohol inside the vehicle. In La. if you refuse the test and you are found guilty, the consiquences are higher.

I would say get an attorney and then put him in a class where they make you watch videos of DUI crashes and see how many people are killed each year by drunks. I have ZERO compassion for ANYONE who drinks and drives.

My ex had the perfect thing happen to him: He was driving drunk (nothing new there YEARS ago), where my MOM was the dispatcher for the local police department...he was hauled in, and had to get processed while SHE was right there...HUMILIATION galore~! Could NOT have asked for a more PERFECT setup. His license was revoked til he attended mandatory classes on the weekend (I had to drive him), and he had a DWAI on his record. It stopped him COLD from drinking (for awhile anyway...didn't last, but neither did we). If he hadn't gotten stopped, I'd have CALLED the police on him for driving while ability impaired. Heartless? I don't think so...lives were probably saved. Money saved too, NO LAWYER. NOR did I ask for leniency due to my Mom working at the police station. I wanted the book thrown, and it was. He earned his license back.
~juli

mike & juli said:

My ex had the perfect thing happen to him: He was driving drunk (nothing new there YEARS ago), where my MOM was the dispatcher for the local police department...he was hauled in, and had to get processed while SHE was right there...HUMILIATION galore~! Could NOT have asked for a more PERFECT setup. His license was revoked til he attended mandatory classes on the weekend (I had to drive him), and he had a DWAI on his record. It stopped him COLD from drinking (for awhile anyway...didn't last, but neither did we). If he hadn't gotten stopped, I'd have CALLED the police on him for driving while ability impaired. Heartless? I don't think so...lives were probably saved. Money saved too, NO LAWYER. NOR did I ask for leniency due to my Mom working at the police station. I wanted the book thrown, and it was. He earned his license back.
~juli

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True love sometimes hurts.

DEADEYE said:

True love sometimes hurts.

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Ah, well, we thought it was 'true love'...I've found otherwise with my MIKE now~!

You must be registered for see images

~juli

You must be registered for see images

When asked by a cop if you've been drinking--NEVER EVER EVER SAY YES, probable cause will exist. Refuse the dog and pony show on the side of the road also. It will be very difficult to prove intoxication if no evidence exists. Oh, and keep yer mouth shut---cop cars have recorders in them. Many of us agree that DUI's are dangerous to all, but in reality they are mostly tax generators for the county, city, states, especially when the person is only slightly over the limit.

DEADEYE said:

Not true sir. Unless you are stopped at a check point, the officer will have the PC (likely recorded on a dash cam) to stop you. He can arrest and charge you with DWI if you display behavior typical of a DWI. If you swerve in the roadway, stumble out of your car when asked to exit, refuse to talk, refuse the field sobriety and intoxilyzer test, you can still be arrested and charged. Most cops will have cameras to show this behavior. The scent of the beverage will add to the evidence against you, along with any recently opened containers of alcohol inside the vehicle. In La. if you refuse the test and you are found guilty, the consiquences are higher.

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Ditto in Colorado.

Deadeye is dead right. Unless it is a checkpoint...the PC has already been established to stop you. Sure you can refuse the roadside...but you are gonna be taken in.

Bandit3 said:

When asked by a cop if you've been drinking--NEVER EVER EVER SAY YES, probable cause will exist. Refuse the dog and pony show on the side of the road also. It will be very difficult to prove intoxication if no evidence exists. Oh, and keep yer mouth shut---cop cars have recorders in them. Many of us agree that DUI's are dangerous to all, but in reality they are mostly tax generators for the county, city, states, especially when the person is only slightly over the limit.

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In Jersey if you fail the physical on the side of the road sobriety tests (administered by the cop who stopped you )in you go for the BREATHALIZER .If you refuse to take any of the tests its MANDATORY loss of license for 7 months ,10 grand in fines plus surcharges and possible jail.(the above is predicated upon only your first DWI .On the second offence everything is much worse)If you caught for ANY reason driving on the revoked list in NJ for a DWI( no such thing as a work ect provisional license ) many a person has done jail (WEEK IN THE COUNTY).We have so many people in such a small state (land mass wise )they dont fool around.

Frank17 said:

Hi,
My son was stopped at a checkpoint in Booklyn , NY on Friday night. He was asked if he was drinking and he said he had a couple of beers. They gave him a test and he was barely over the limit. They arrested him and took him to a holding pen with 60 other inmates for different violations.
First any suggestions, second any one have a good lawyer who can handle this. The cop at the precinct said, "you won't need a lawyer."
They pulled his license and now what..
Help would be apreciated .
Thanks

Click to expand...

PS if you dont mind me asking what was his blood ach level..

MANY factors can influence the out come here .Proper calibration procedures of breathalizer.Proper techniques in administering breathalizer . Def lawyers RELATIONSHIP with the cop,proscuter and judge and defendents attitude with the arresting cop.(Did defend give the cop a hard time.)

1BADGTS said:

MANY factors can influence the out come here .Proper calibration procedures of breathalizer.Proper techniques in administering breathalizer . Def lawyers RELATIONSHIP with the cop,proscuter and judge and defendents attitude with the arresting cop.(Did defend give the cop a hard time.)

Click to expand...

ps ALSO DEFEND blood -ach level and past driving history (if someone has a few priors prosc attorneys tend not to let things go

DEADEYE said:

Not true sir. Unless you are stopped at a check point, the officer will have the PC (likely recorded on a dash cam) to stop you. He can arrest and charge you with DWI if you display behavior typical of a DWI. If you swerve in the roadway, stumble out of your car when asked to exit, refuse to talk, refuse the field sobriety and intoxilyzer test, you can still be arrested and charged. Most cops will have cameras to show this behavior. The scent of the beverage will add to the evidence against you, along with any recently opened containers of alcohol inside the vehicle. In La. if you refuse the test and you are found guilty, the consiquences are higher.

Click to expand...

All true, and no different in Ct.
~Craig

Bandit3 said:

When asked by a cop if you've been drinking--NEVER EVER EVER SAY YES, probable cause will exist. Refuse the dog and pony show on the side of the road also. It will be very difficult to prove intoxication if no evidence exists. Oh, and keep yer mouth shut---cop cars have recorders in them. Many of us agree that DUI's are dangerous to all, but in reality they are mostly tax generators for the county, city, states, especially when the person is only slightly over the limit.

Click to expand...

I'll agree that many traffic laws are revenue generators, but sorry, not this one.

ALL in all if your stopped for drinking or anything else your MUCH BETTER OFF being polite and FULLY COOPERATING with the cop than ******* him off .If the def blood ach level is near the limit,he or she has a good driving record and an a lawyer thats friendly with the members of the court system (cop,prosc,judge ) one MAY be able to cut a deal (provided the defend was not a complete ******* to the arresting cop.)

1. I am a New York Attorney;
2. Your son Must get an attorney, period;
3. If you need any more advice PM me.

Straight from the NY DMV website ( hope this comes out):
BAC = blood alcohol concentration

• DWI: Driving While Intoxicated; .08 BAC or higher or other evidence of intoxication.
• Aggravated DWI: Aggravated Driving While Intoxicated: .18 BAC or higher.
• DWAI/Alcohol: Driving While Ability Impaired (by alcohol); .05 BAC to .07 BAC, or other evidence of impairment.
• DWAI/Drug: Driving While Ability Impaired by a single Drug other than alcohol.
• DWAI/Combination: Driving While Ability Impaired by a the Combined Influence or Drugs or Alcohol.
• Chemical Test Refusal: A driver who refuses to take a chemical test (normally a test of breath, blood or *****) can receive a driver license revocation of at least one year (18 months for a commercial driver) and must pay a $500 civil penalty ($550 for a driver of commercial vehicles) to apply for a new driver license. A driver who refuses a chemical test during the five years after a DWI-related charge or previous refusal will have their driver license revoked for at least 18 months (permanent for a commercial driver) and must pay a $750 civil penalty to apply for a new driver license. If the driver is under age 21, and refuses a chemical test during the five years after a DWI-related charge or previous refusal, they will have their driver license revoked for at least one year or until age 21, whichever is longer and must pay a $750 civil penalty to apply for a new driver license.
• Zero Tolerance Law: A driver who is less than 21 years of age and who drives with a .02 BAC to .07 BAC violates the Zero Tolerance Law.

What are the penalties for Alcohol-related or Drug-related Violations?

Penalties for Alcohol-related and Drug-related ViolationsViolation (1)Mandatory Fine (2)Maximum
Jail TermMandatory Driver License Action (3)Aggravated Driving While Intoxicated (A-DWI)$1,000 - $2,5001 yearRevoked for at least one yearSecond A-DWI in 10 years (E felony)(1)$1,000 - $5,0004 yearsRevoked for at least 18-months (5)Third A-DWI in 10 years (D felony)(1)$2,000 - $10,0007 yearsRevoked for at least 18-months (4,5) Driving While Intoxicated (DWI) or Driving While Impaired by a Drug (DWAI-Drug)$500 - $1,0001 yearDWI-Revoked for at least six months
DWAI-Drugs - Suspended for at least six monthsSecond DWI/DWAI-Drug violation in 10 years (E felony)(1)$1,000 - $5,0004 yearsRevoked for at least one yearThird DWI/DWAI-Drug violation in 10 years (D felony)(1)$2,000 - $10,0007 yearsRevoked for at least one year (4) Driving While Ability Impaired by a Combination of Alcohol/Drugs (DWAI-Combination)$500 - $1,0001 yearRevoked for at least six monthsSecond DWAI/Combination in 10 years (E felony)(1)$1,000 - $5,0004 yearsRevoked for at least one year/18 months (5)Third DWAI/Combination in 10 years (D felony)(1)$2,000 - $10,0007 yearsRevoked for at least one year/18 months (4,5) Driving While Ability Impaired by Alcohol (DWAI)$300 - $50015 daysSuspended for 90 daysSecond DWAI violation in 5 years$500 - $75030 daysRevoked for at least six months Zero Tolerance Law$125 civil penalty and $100 fee to terminate suspensionNoneSuspended for six monthsSecond Zero Tolerance Law$125 civil penalty and $100 re-application feeNoneRevoked for one year or until age 21 Chemical Test Refusal$500 civil penalty ($550 for commercial drivers) NoneRevoked for at least one year, 18 months for commercial drivers.Chemical Test Refusal within five years of a previous DWI-related charge/Chemical Test Refusal$750 civil penaltyNoneRevoked for at least 18 months, one-year or until age 21 for drivers under age 21, permanent CDL revocation for commercial drivers.Chemical Test Refusal -
Zero Tolerance Law$300 civil penalty and $50 re-application feeNoneRevoked for at least one year.Chemical Test Refusal -
Second or subsequent Zero Tolerance Law$750 civil penalty and $50 re-application feeNoneRevoked for at least one year. Driving Under the Influence - (Out-of-State)N/AN/ASuspended for 6 months. If less than 21 years of age, revoked at least one year.Driving Under the Influence - (Out-of State) with any previous alcohol-drug violationN/AN/ASuspended for 6 months. If less than 21 years of age, revoked at least one year or until age 21 (longest term).

1. Greater penalties can also apply for multiple alcohol or drug violations within a 10-year period.
2. Surcharges are added to misdemeanors ($160) and felonies ($270).
3. The driver license penalties for drivers under the age of 21, and for drivers of commercial motor vehicles and other professional drivers, are different.
4. Three or more alcohol or drug-related convictions or refusals within 10 years can result in permanent revocation, with a waiver request permitted after at least 5 years.
5. A driver with an Aggravated DWI violation conviction within the prior 10 years will receive a minimum 18-month revocation if convicted of DWI, DWAI/Drugs or DWAI/Combination. Also a driver with a prior DWI, Aggravated DWI, DWAI/Drugs or DWAI/Combination with the prior 10 years will receive a minimum 18-month revocation.

Good info Unclgreggy, nice to know NY isn't playing around.

Dollars to donuts, everybody here has been over the limit at one time or another and drove.

Freddog11 said:

"Barely over the limit" is still impaired.

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Not necessarily. Remember, the limit is a fairly arbitrary number. It used to be .10, now it's .08, in other countries it's .04 or lower. So it may well be technically in violation of the law, but not necessarily actually impaired.

V10SpeedLuvr said:

I would say get an attorney and then put him in a class where they make you watch videos of DUI crashes and see how many people are killed each year by drunks. I have ZERO compassion for ANYONE who drinks and drives.

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Make sure you apply that equally. Sure, it may be that the person chose to drink and then chose to drive, but according to studies, people are apparently just as impaired when then choose to drive while tired, yet unfairly they aren't penalized nearly the same because of the "morality" aspect of drinking. So be sure to have no compassion for the tired person behind the wheel who takes out a family as well, because they made the same choice and had the same results.

Bandit3 said:

Dollars to donuts, everybody here has been over the limit at one time or another and drove.

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...and sped recklessly, and did XYZ other activities that were illegal (or legal! like talking on the phone and driving) and could have harmed others.

Unlike most on here I feel bad for your son. Yes he did something
incredibly stupid. But you are is father and what matters most is how he picks himself up... He has been and will be scolded enough over the next six months. One day this will be a thing of the past and he will go on to be a productive person in society.
The guys on here who come and cry foul also have skeletons in there closet. They are just not man enough to admit them...
Get an attorney work something out and let it be a life expericence......