Thomas D Trbovich, WNY DWI Defense Attorney For The Buffalo-Niagara Region & Western New York
'The WNY DWI Lawyer' Focusing Specifically On DWI Defense In The 8 Counties Of Western New York

Thomas D Trbovich
"The WNY DWI Lawyer"
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DWI Charges In Western New York - FAQ

NOTE: If You have been charged with DWI in Western New York you have already entered our legal process. In order to help you understand more about this process, we have posted some general information about the WNY Traffic Laws, DWI Charges and DWI Sentencing on this website. Since every case is different, this information should not be construed to be formal legal advice, nor the formation of a lawyer/client relationship.

Our experienced DWI lawyers can help You secure the best possible outcome for Your case. So do your research on this website, and then contact the DWI experts at The Law Offices of Thomas Trbovich.

Call (716) 634-4747 or e-mail Anytime 24/7

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DWI Frequently Asked Questions

1. Questions Related To Being Stopped By A Police Officer In WNY
2. Questions Related To DWI Charges In WNY
3. Questions Related To DWI Penalties In WNY

1. Questions About Being Stopped By A Police Officer In WNY

2. Questions Related To DWI Charges In WNY

3. Questions Related To DWI Penalties In WNY

1. Questions About Being Stopped By A Police Officer In WNY

1.1. What Should I Do If I Am Stopped?
You should stay calm and try to think rationally. The police are doing their job and do not generally have anything against you personally. If you are arrested for DWI, this may just reflect the officer's opinion. Be polite, and do not fight or confront the officer. If you have any questions about how to proceed, ask if you can speak to an attorney. You have a right to speak to an attorney.

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1.2. What Should I Do After An Officer Directs Me To Pull Over?
In a controlled fashion, use your turn signal to indicate that you are pulling over to a safe location off the road. Then, locate your license and registration, as the officer will generally ask for them. Turn off your radio and turn off your engine.

Ask the officer why you are being stopped. The law requires "probable cause" for the officer to seize your person. Without probable cause, the officer may be violating your constitutional right against unreasonable seizure, and any evidence he gains from this seizure may be ruled inadmissible at trial and could cause the case to be dismissed.

Maintaining control and obliging the officer's requests will generally be an indicator of sobriety, and not intoxication, although taking the breath test always has to be determined on a case-by-case basis. (See question 1.7. regarding refusal to take the chemical test.)

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1.3. When Asked, Should I Be Truthful About How Much I've Had To Drink?
We can never recommend that someone lie, but you should know that everything you say might be used against you later. If you have had many drinks over a short period of time, and you admit it, this may increase the likelihood that you will be arrested for DWI. If you have had only a couple of drinks over several hours, you may want to convey that to the officer, as the metabolism of most adults will process alcohol at a rate fast enough to indicate sobriety. There is no single perfect answer for all situations.

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1.4. Do I Have To Answer The Officer's Questions?
No, you don't, but we advise that any answer or refusal to answer should be done respectfully. Remember, the officer is evaluating how you say things as well as what you say. If an officer indicates that you are under arrest, you now have a right to speak to a lawyer before you answer questions. You should; however, be aware of New York's implied consent law. Failure to comply with an officer's request to submit to a breath or chemical test to determine your level of intoxication may result in your license being suspended for a year. (See question 1.7. regarding refusal to take the chemical test.)

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1.5. Will I Have To Take Field Sobriety Tests?
More than likely, the officer will ask you to perform field sobriety tests. The most common tests are the horizontal gaze nystagmous, the one-leg stand, the walk and turn and the alphabet test. If you feel as though you are able, take these tests and do the best you can. These tests are still debated as to their accuracy and validity. It is usually important to state any disability that may prevent you from taking a test (i.e. bad knee, back, feet, head cold, any surgery, head injury, low blood sugar, etc.)

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1.6. If they arrest me and take me back to the police station, what should I do?
Be polite, and tell the officers that you don't wish to make any statements without an attorney present. Ask to use the phone to call your attorney, or ask to use the phone book to consult with an attorney. Under the law, you must be given a reasonable amount of time to attempt to contact an attorney. Remember that in order to avoid being accused of refusing the Breathalyzer test under the implied consent law, you will have to take the test at some point to avoid a mandatory suspension of your license. Balance this reality with your perception of how much you've had to drink.

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1.7. What Happens If I Refuse To Take A Chemical Test?
"A driver who refuses to take a chemical test (normally a test of breath, blood or urine) can receive a driver license revocation of at least one year 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 5 years after a DWI-related charge will have their driver license revoked for at least 18 months and must pay a $750 civil penalty to apply for a new driver license."

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2. Questions Related To DWI Charges In WNY

2.1. What Is A DWI Or A DUI?
DUI - Driving Under The Influence of Alcohol Or Other Drugs - is the act of operating any vehicle (even a bicycle, boat, or tractor...) while intoxicated. Depending upon the specific jurisdiction DUI may also be referred to as DWI (Driving While Intoxicated), DUII (Driving Under Intense Influence), OWI (Operating While Intoxicated), OMVI (Operating A Motor Vehicle While Intoxicated). The term DWI is applicable in Western New York.

DWI - Driving While Intoxicated - is a misdemeanor in New York State. A conviction leaves a person with a criminal record. In addition, for first time offenders, there will be a fine between $500-$1000, and a license revocation for up to 6 months.
(See DWI Statutes VTL §1192(2) and VTL §1192(3))

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2.2. What Is An Aggravated DWI?
Aggravated Driving While Intoxicated is a first offense misdemeanor in New York State for a driver operating a vehicle at a 0.18% BAC or higher. For a first time offender, the crime is punishable by a fine between $1,000 - $2,500, or a jail term of up to one year or both, or up to 3 or 5 years probation or any combination of all three penalties.
(See DWI Statutes VTL §1192-2a.)

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2.3. What Is A DWAI?
DWAI Alcohol - Driving While Ability Impaired through use of Alcohol is not a misdemeanor; it is only a traffic violation. Although a very tough traffic violation, this is not a crime. Evidence of alcohol impairment includes a BAC of 0.05% to 0.07%, or other indications of impairment. It carries a fine of $300 and a maximum sentence of 15 days in jail. Your driver's license may be suspended or revoked for at least 3 months.
(See DWI statute VTL §1192-1.)

DWAI Drugs - Driving While Ability Impaired through use of Drugs, however, is a misdemeanor.

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3. Questions Related To DWI Penalties In WNY

3.1. Can You Beat A DWI Charge?
The answer is YES, but it depends on the facts and circumstances surrounding your DWI. If the police made errors in handling your arrest, or if the District Attorney mishandled the prosecution of the case, you may beat a DWI. It is not uncommon to plea a DWI case if a favorable sentence can be reduced. Outright dismissal of all charges is not common, but does happen.

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3.2. Is A DWI A Crime?
Yes, a DWI is a crime and is prosecuted in the criminal justice system. Depending on the circumstances, a DWI may be a misdemeanor or a felony. Although a conviction of impairment due to alcohol is usually not considered a crime and is only a violation and usually does not create a criminal record.

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3.3. Can I Receive A Plea Offer To A Lesser Offense?
It depends on many factors. We have negotiated many reduced pleas. Every case is different and should never be given a "cookie cutter" approach by Your DWI attorney.

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3.4. How Does A DWI Affect My Job?
This is an important question that you should be able to answer before taking a plea, and the best answer may may vary from job to job.

If You are convicted of a DWI, you would be convicted of a crime and have a criminal record. Jobs that require a professional license or background checks may be affected if You are convicted of a crime. This problem may be overcome with a certificate against disability, which your attorney can apply for.

Additionally, any conviction may include a jail sentence. If you are pleading, your attorney should try to get the sentence commuted, but this is not always possible. If your case is going to trial, your attorney should try to find out what possible sentence the judge is considering if you lose. Many times a sentence is more lenient if a plea is worked out rather than going to trial.

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3.5. If Charged With A DWI, Am I Going To Jail?
Being charged with a DWI does not automatically equate to a jail sentence. Sentencing for jail depends on the circumstances, whether the DWI is a first offense misdemeanor or a repeated offense as well as whether anyone was injured or killed as a result of your DWI.

Alternatives to jail such as drug rehabilitation programs, probation, drug court or a conditional discharge may be applicable in Your case. Also, violations of your rights, such as improper stop or BAC tests that did not meet regulated standards, may result in reduced or dismissed charges.

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3.6. How Long Will A DWI Stay On My Record?
If you are convicted of a DWI, it will stay on Your criminal record permanently. It should be noted that a prior DWI will usually only have negative statutory effects for 10 years, but courts can and usually do take into account any prior conviction when sentencing, no matter how old. This is because New York State, unlike some other states, generally does not allow expungements or clearing of criminal records. If you are 18 years old or younger, your record could be sealed if you are found to be a youthful offender. While a DWI conviction results in a criminal record, a DWAI does not. Our expert DWI Attorneys thoroughly review all legal avenues and, if possible, strive to negotiate for lesser charges or dismissal in DWI cases.

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3.7. If Charged With A DWI, Will I Be Able To Keep My Driving License?
Whether you can keep your driver's license or not depends on the circumstances of your DWI. For a first DWI conviction, your license can be revoked for at least 6 months, for a second conviction and third conviction for at least a year. If you are charged with a DWI, your license may be suspended pending prosecution.

If a law enforcement official requested that you take a chemical test, and you refused to submit to the test, your driver's license can be suspended for one year. You have the legal right to seek a hardship license that would permit you to drive to and from work, school or certain activities. If you are under the age of 21 and are charged with a DWI, there is an automatic license suspension for one year.
(See Question 3.8 and Question 3.9 on Conditional and Hardship licenses.)

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3.8. What Is A Conditional Driving License?
According to the DMV, "If you are convicted of an alcohol or drug related driving violation, your license or privilege to drive in New York State will be revoked or suspended. However, you maybe eligible for a Conditional Driving License or a Conditional Driving Privilege if you participate in New York State's Drinking Driver Program (DDP).

If you qualify for a conditional license or conditional driving privilege, you will be allowed to legally drive within certain limitations. A conditional license is not valid for driving a vehicle that requires the operator to hold a commercial (CDL) driver license. To receive a conditional license or conditional driving privilege, you must participate in the DDP."

If you had the opportunity to participate in the DDP within 5 years of your current arrest, you will not be eligible for a conditional license.

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3.9. What Is A Hardship Driving License?
A Hardship Driving License may be granted by a judge on the day that your license is suspended based on evidence of your inability to find alternate transportation to work, school or certain other important activities, such as doctor's appointments and so on. Similar to a conditional license, a hardship license is very restrictive and only allows driving to and from work, school and other designated activities.

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3.10. I've Been A Law-Abiding Citizen And A Taxpayer For My Entire Life - Will They Give Me A Break?
You may receive what you call a "break," either through plea negotiations or trial. At this time, there are many groups that pressure lawmakers to pass laws, such as our new "Aggravated DWI" law, which enhances the penalties for accused drunken drivers, with a fine of up to $2500, and a license suspension of up to 18 months. Judges or a District Attorney may find themselves in the paper if they are perceived as lenient toward accused drunken drivers. DWIs are the proverbial "political hot potato."

Your best defense usually involves strong legal issues and/or positive evidence. Showing you are not drunk, who you are (lack of a criminal record, good job, family, etc.) and what you are doing to help yourself (counseling, going back to school, etc.) are always important factors that your attorney should bring out (if positive). Most judges and district attorneys usually try to give this some consideration.

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DWI Charges Are Now Treated Very Seriously In Western New York
DWI Penalties Include Large Fines, Losing YOUR Driving License, & Going To Jail!
Call The Law Offices Of Thomas Trbovich For Your DWI Defense
And Secure Your Best Possible Outcome - At A Price YOU CAN Afford!

Call (716) 634-4747 Now To Schedule YOUR FREE DWI Consultation With No Obligation

Copyright ©2010 Thomas D Trbovich "The WNY DWI Deffense Lawyer"
www.wnydwi.com DWI Defense Attorney, WNY, Buffalo NY, Niagara Falls NY, Jamestown NY, DWI Defense Lawyer

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My law practice focuses on DWI Defense in the 8 Counties of Western New York. I know the WNY area roads, and I know the police departments and the courts. I understand Your position and exactly how important Your drivers licence, Your record, and Your freedom are to You.

Let me minimize Your concern and help You through this difficult period in Your life. I can guarantee to provide YOU with professional DWI counsel to obtain Your best possible outcome because I will personally review and direct the handling of Your specific case.

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Thomas D Trbovich
WNY DWI - Attorney At Law
"The WNY DWI Lawyer"

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