dwi

Summertime. In New York, it’s the season when everyone wants to enjoy the water, whether they’re swimming, sailing, or pursuing some other water-related recreation. It’s all great fun until there’s an accident and someone gets hurt, or worse. Boating while intoxicated isn’t only against the law – it’s also frequently fatal. Impaired boaters are extremely dangerous, but if you’re arrested and charged with boating while intoxicated, it doesn’t mean that you’re guilty, and you shouldn’t plead guilty. If you’re charged with Boating While Ability Impaired (BWAI) or Boating While Intoxicated (BWI) in New York this summer, obtain legal help and contact an experienced Long Island DWI defense lawyer immediately.

New York Boating While Intoxicated Law

If you didn’t know, drinking while boating is against the law in New York just like drinking and driving. The law states:

• No person shall operate a vessel upon the waters of the state while his ability to operate such vessel is impaired by the consumption of alcohol.
• No such person shall operate a vessel other than a public vessel while he has .08 of one per centum or more by weight of alcohol in his blood, breath, urine, or saliva, as determined by the chemical test made pursuant to the provisions of subdivision seven of this section.
• No such person shall operate a public vessel while he has .04 of one per centum or more by weight of alcohol in his blood, breath, urine, or saliva, as determined by the chemical test made pursuant to the provisions of subdivision seven of this section.
• No person shall operate a vessel while he is in an intoxicated condition.

If you are suspected of boating while intoxicated, you may be subject to taking a blood alcohol content test. It’s not recommended to refuse a blood alcohol content test. If a boater refuses to take the test to prove their sobriety, they will face penalties for their refusal. These penalties may include a loss of their boating privileges for a specific period of time and a monetary fine.

If a boat operator’s blood alcohol content (BAC) level registers at 0.08 percent or higher, the charge is Boating While Intoxicated (BWI). If convicted, a first-time offender can be fined up to $1,000 and go to jail for up to a year. A lesser charge, Boating While Ability Impaired (BWAI), can be filed if a boat operator’s BAC level registers from 0.05 percent to 0.07 percent. If convicted, a first-time BWAI offender can be fined up to $500 and go to jail for up to 15 days.

Boating while intoxicated or BWI doesn’t become a felony if you have a prior conviction, a child on your boat, or if other drugs are involved or combined with alcohol. Nevertheless, you do not want to be convicted of BWI in New York. If you’re charged with boating while intoxicated in the waters around Long Island or New York City, immediately retain the counsel of an experienced Long Island DWI lawyer.

Staying Safe on the Water

Whenever you enjoy the water in and around Long Island, or New York City, always get a weather forecast before departing, always wear a life jacket, and always have a marine radio, flares, flashlights, and a fire extinguisher. Most importantly, don’t drink before operating a boat or any other kind of watercraft. Be proactive about safe boating, and if you’re charged with boating while intoxicated because you made a bad decision – or if you’re innocent and wrongly accused – speak as quickly as possible to an experienced Long Island DWI lawyer.

If you are facing charges for boating while intoxicated, don’t hesitate to contact a knowledgeable Long Island criminal defense attorney. An experienced Long Island DWI attorney can review the particulars of your BWI or BWAI case and recommend what’s best for you; if the evidence against you is overwhelming, that could mean accepting a plea bargain, but it other cases, it might mean going before a jury and fighting for your acquittal. Enjoy the waterways around New York and Long Island this summer, but please stay safe. If you need legal counsel now or in the future in the New York City or Long Island area regarding a BWI, BWAI, or DWI charge, arrange at once to speak with an experienced Long Island DWI defense lawyer.

If the police pull you over for suspicion of DWI while driving in Long Island or New York, cooperate with the officer, but politely refuse to answer any questions. Remain calm, try to smile, and if the officer asks to see your driver’s license, vehicle registration, and proof of insurance, go ahead and produce them. Do not, however, answer any other questions. The officer’s questions are intended to generate answers that can be used as evidence against you, and you have a constitutional right to avoid self-incrimination. If you’re arrested for DWI, you have a right to keep an attorney present during an interrogation. After a DWI arrest, politely insist on that right, and call an experienced Long Island DWI lawyer as soon as you are able.

In New York, when you receive a driver’s license – or when you drive on New York streets if your license is out-of-state – you are implying your consent to take a breath test if a police officer requests it. You can be asked to take a blood test if:

• an officer sees you violate a traffic law
• an officer reasonably believes that you are driving while intoxicated
• you have been involved in a traffic accident

Contrary to popular belief, field sobriety tests are not mandatory and can be refused – for several reasons.  First of all, the tests are not 100% accurate.  They are based on calculations for how average people will react depending on the amount of alcohol or drugs in their system.  Since not everyone is average, the results can’t be depended on as concrete evidence of a wrongdoing.  Second, the tests are conducted often on the sides of busy highways, with the test taker exposed to the elements, under the glare of often bright, flashing lights.  There are simply too many environmental factors in play to depend on the accuracy of a field sobriety test.

However, chemical testing, which uses a sample of a suspect’s blood, breath, or urine to determine whether or not he or she has consumed drugs or alcohol – is not optional.  In New York, the penalty for a chemical test refusal is the loss of driving privileges and a fine, whether or not the results of the test would have come back positive or negative.

Except at a DWI checkpoint, the police must have probable cause to stop you in traffic. The officer must have a plausible reason to believe that you have committed or are committing a crime or a traffic violation. If you can avoid being pulled over in traffic, you can probably avoid a lot of additional legal problems on Long Island and in New York City. If you are stopped in traffic and arrested for DWI, contact our reputable Long Island DWI attorneys immediately. When a driver is pulled over by the police in New York City or Long Island, the officer has probably observed a violation, and it can be something quite trivial. Listed here are some of the leading reasons why you might attract the attention of the police:

• Your license plate is outdated or not affixed properly to your vehicle.
• A taillight, headlight, turn signal, or brake light isn’t working.
• You tossed out a gum or candy wrapper or a cigarette butt.
• Something is blocking your windshield or hanging from your rearview mirror.
• You have after-market window tint film on your windows. In New York, only rear windows may be tinted and only if a vehicle has outside rearview mirrors on both sides.

You’ll need to keep any documents you receive from the police – they’re important. And you’ll also want to create some paperwork of your own. Try to piece together precisely what happened in the several hours before you were arrested, and write it all down in your own words. Use your cell phone, social media accounts, and receipts or records of purchases to help you remember where you were, whom you spoke with, and where and why you were stopped and arrested. Return to what you’ve written after a day or two, and you’ll probably remember more. Then share this information with your attorney.

If you are convicted of DWI in New York state, the penalties for a first-offense can involve fines ranging between $500 to $1,000, a with attendance at a victim-impact panel, a yearly $250 “driver responsibility assessment” fee for three years, up to a year in jail and three years of probation. Your driver’s license could also be revoked for up to six months. If you are facing a second or subsequent DWI charge, expect even harsher penalties. The best strategy is simple. Don’t drink and drive. If you plan on driving, avoid drinking entirely, and if you plan on drinking, arrange for a taxi, a limo, a ride-sharing service, or a designated driver. Nevertheless, if you’re charged with DWI in New York City or on Long Island, seek legal help and call a reputable DWI attorney in Long Island as quickly as you can.

Should You Flee?

Running from the law never helps, and running makes it tough for a lawyer to help you. If you are arrested for a DWI charge in Long Island or in any one of the five boroughs – now or in the future – don’t try to run. The smarter strategy is fighting the charge with the assistance of a DWI lawyer in Long Island. An arrest does not mean that you will be convicted, and a good DWI attorney can help. After an arrest for DWI, put your case immediately in the hands of a knowledgeable criminal defense attorney in Long Island, don’t run from the law, and follow your attorney’s recommendations.

If you are arrested for DWI in Long Island or any of the areas in the five boroughs, remember that an arrest does not necessarily mean a conviction. A good New York DWI attorney has a number of ways to defend you. If you receive a DWI charge – whether it’s now or in the future – contant a knowledgeable DWI attorney in Long Island.

Handing over the car keys to your teenager can produce a lot of anxiety for any parent, and there are good reasons why. For example, according to a study published online in the journal Pediatrics, many teens are so vulnerable to peer pressure that they may even choose to drink and drive solely because their friends have done so in the past. Moreover, the earlier and more often a young person is exposed to drunk driving – as a passenger – the more likely that teen is to practice the same behavior in the future. If your teenager is arrested for DWI on Long Island or anywhere in the New York City area, get the legal help you need right away and consult an experienced Long Island DWI attorney.

Approximately 2,500 teens participated in the Pediatrics study. Researchers continued to follow the young people until they completed high school. They discovered that riding as a passenger with an impaired driver tends to “normalize” the experience for teens; it suggests to teens that impaired driving is “really” common and acceptable.

What Can Parents Do?

According to Mothers Against Drunk Driving, traffic accidents are the number one cause of death in the U.S. for young people between the ages of 15 to 25; alcohol is a factor in 50 percent of those fatal crashes.

If you are a parent of teens or pre-teens, it’s absolutely imperative to set the best possible example regarding driving. You should never allow your teen to think that underage drinking and driving is acceptable. If you have had a drink, never get behind the wheel. Remember, teens will follow your lead, so be careful of the example that you are setting.

It’s equally important to maintain a continuing dialogue about driving safely at all times. Keep an open and honest line of communication open with your teens. Let them know that if they do make the bad decision to drink, then they can always call you for a ride. They should never feel like the only option they have is to get into a car and drive home, or get into a car with someone else who has been drinking. Although there should be consequences if they choose to drink underage, they should still know that you’ll be there when you need them.

You should also openly discuss the consequences of underage drinking and driving. Many teens feel invincible, so it’s important for parents to help them understand that the consequences are very real, and sometimes even fatal.

Underage DWI Consequences

A minor charged with DWI in the state of New York can lose his or her driving privilege and encounter some real barriers to employment and higher education. If your teen is arrested in New York City or anywhere on Long Island for underage DWI, you can do something about it. Arrange at once to speak with an experienced Long Island criminal defense attorney. New York has a “zero tolerance” approach to underage drinking, so a minor does not have to be “over the limit” to be charged with DWI. Any underage driver who tests at 0.02 percent – a barely measurable trace of alcohol – can be charged with underage DWI.

Upon a conviction, the penalties for underage DWI can include jail time, a fine as high as $1,000, and the use of an ignition interlock device once the driving privilege has been restored.

A conviction can also stay on your juvenile’s record indefinitely. Although minors are eligible to have their records sealed after all conditions of the sentencing have been met, the judge looks at each petition on a case-by-case basis. What does that mean? There are no guarantees that your teen will be able to seal his or her DWI record. If it cannot be sealed, future employers, schools and landlords can easily access it and let it affect their hiring or admission decisions. Not to mention that even the public can view these records, leading to embarrassment and shame for years to come. In some states like Florida, the laws regarding juvenile crimes are much different, so it is advised to speak with an Okaloosa County Juvenile Crimes Lawyer.

Hire A Long Island DWI Attorney

If you are the parent, it’s imperative to put an experienced Long Island DWI defense attorney on your child’s case as early as possible. After a full consideration of the facts, a defense strategy can be developed. However, if a teen’s intoxicated driving caused property damage, injuries, or fatalities, the case is going to be far more serious and complicated, and the need for experienced, knowledgeable legal counsel becomes even greater.

Make sure that your teen exercises his or her right to remain silent. There is no reason to answer law enforcement’s questions without the presence of an attorney.

The primary job of police officers, aside from maintaining order, is to gather facts and collect statements when alleged crimes are reported – no more, no less.  In the performance of a police investigation to gather facts and statements, police officers may have to decide whether or not to take a person to jail for processing and arraignment (a formal reading of charges to be pursued), but they make this decision based on the facts and statements provided, not on their own legal analysis. Anything that your teen says can be misconstrued and held against them in court, so it’s always recommended to stay silent until you have a lawyer present.

Teens should know that they should never admit to having a few drinks, even if they have failed the sobriety test. There are plenty of reasons why someone can fail a test besides that person being drunk, so this should not be considered an automatic conviction.

Drivers under age 21 account for fewer than ten percent New York’s licensed drivers, but underage drivers are involved in 14 percent of the DWI-related fatalities in the state. Underage drinkers who drive are also responsible for approximately 2,000 non-fatal accidents every year in New York. If your teenager is charged with DWI in New York, understand that an arrest is not automatically a conviction. Let our experienced Long Island DWI attorneys fight for the best possible resolution to your teenager’s DWI case, and make the call immediately.