Driving While Intoxicated/Driving Under the Influence

Article 31 of the NYS Vehicle and Traffic Law provides the parameters for Driving While Intoxicated. The critical factor(s) in determining the degree of the charge and the severity of the penalties will be the level of your blood alcohol content (“BAC”), the circumstances under which your vehicle was stopped (checkpoint, erratic or reckless driving, accident) and any previous history of driving while intoxicated. If you refuse to “blow”, you can still be convicted of a DWI based upon the officer’s observations and any admissions made during the stop of your vehicle and arrest. Penalties include fines, court costs, insurance surcharges, suspension or revocation of driving privileges, drunk
driving programs, installation of an ignition installation device, electronic monitoring, probation and jail time.

There are many unanticipated ripple effects to a DWI. A conviction will result in a criminal record and affect your driving privileges. (You may be eligible for a conditional license if it is your first DWI conviction). Based upon compacts between the States, even if your driver’s license was not issued by the State of NY, the record of your conviction may be shared with the State in which your license was issued (subjecting you to potential additional penalties within the State in which you reside). If you are a professional or your employment is regulated by the State, you may be required to disclose the DWI in future certifications to State Licensing Boards. If you are divorced parent, it may have implications for any custodial order involving your children.

As a former prosecutor and practicing criminal defense attorney, Stanford Bandelli has an established record of success in protecting his
clients and minimizing their exposure when charged with a DWI/DUI.