I have experience, credentials and awards in DWI work. I won an award for being on of the top 10 female DWI attorneys in NYC. I also belong to the college of national DWI defense, which gives me access to many resources that other lawyers do not have. I am certified in standardized field sobriety tests which are given to motorists pulled over on suspicion of a DWI.
DWI charges bring many consequences including loss of driver’s license, heavy fines and imprisonment.
DWI’s are defined in multiple ways:
- driving while your ability is impaired
- driving while your ability is impaired by a .08 blood alcohol content or higher
- driving while ability impaired due to drugs
These are proven through field sobriety tests (again, I’m certified in SFST and can cross examine police on what they did wrong if they fail the client)
These include three tests
- Walk and turn – a person must walk heel to toe, turn and walk back. This test demonstrates the motorists mental ability to follow instructions and their physical ability to maintain balance. Some people may have medical conditions that make this test difficult, even when sober.
- Standing on one leg – a person must hold one leg up at a certain angle and count out loud. This test also demonstrates the motorists mental ability to follow instructions and their physical ability to maintain balance. This test is the most difficult and the least accurate. You want to know what shoes the person was wearing, the angle at which the officer had them hold their foot, and if the person has any medical conditions that would make this test difficult, regardless of sobriety.
- Nystagmus gaze- an officer will have you look at an object and move the object while observing your eye movements that may indicate intoxication. When done correctly, this test is the most accurate field test for (lack of) sobriety. However, if done incorrectly, it can cause eye movements that will falsely indicate intoxication
In NYC these are always on video and I can point out all the mistakes NYPD made when instructing a client on their test. If someone is not given the correct instructions, how can they pass the test? (ex I use is if you were are trying to build a desk but are only given 1/2 the instructions, you cannot build the desk properly)
The other way to prove a person is impaired is to
- take a breath sample
- take a blood sample
- take a saliva sample (specific to driving while ability impaired due to drugs)
Each of these is fallible and can be shown to be untrustworthy measurements of impairment through a combination of investigation, science, and case-specific evidence.
The punishment for DWI’s are as follows:
1st offense – up to 1 year in jail and fines ranging from $500-$1,000
2nd offense – up to 4 years in prison and fines ranging from $1,000-$5,000
3rd offense – up to 7 years in prison and fines ranging from $2,000 – $10,000
If you’re facing a DWI charge, you need to contact a knowledgeable lawyer to navigate you through your case.