INSIGHTS

Home > Case Studies > DWI > 5 Common Myths and Misconceptions About New York DWIs

5 Common Myths and Misconceptions About New York DWIs

by | Dec 22, 2022

Being arrested for a DWI can be a stressful, scary, and overwhelming experience. Your liberty, reputation in the community, and professional standing are all on the line when you are facing drinking and driving charges. However, many people have various misconceptions about DWIs. It’s important to be aware of these myths to avoid making costly mistakes in your case.                           

Here are five common misconceptions about DWIs in New York:

Misconception #1: Refusing a breathalyzer means there will be no evidence to use against me

Although this misconception is partly true, a police officer’s testimony and observations are deemed sufficient evidence in court. In addition, refusing to take the breathalyzer or a chemical test comes with an automatic one-year license suspension. If you do take the breathalyzer test, it’s essential to understand that a good criminal defense attorney will know how to challenge the results. 

Misconception #2: I can get my DWI expunged from my record

New York State does not offer an expungement option if you are convicted of a DWI or another crime. There is no way a DWI can be removed from your record, unless you were acquitted or the case was dismissed. Upon conviction, a DWI will remain on your record for 15 years. However, there is a sealing statute in New York that allows an individual to petition to have their record sealed after ten years in certain circumstances. 

Misconception #3: You don’t have to worry about a DWI if your BAC is less than .08%

A BAC of less than .08% can result in a conviction. Specifically, while a BAC of .08% establishes evidence of intoxication, a BAC of .05% is evidence of impairment and can lead to a charge of Driving While Ability Impaired. The legal BAC limit for commercial drivers is even lower, at .04%. In addition, it is illegal for drivers under the age of 21 to operate a motor vehicle with a BAC of as little as .02%.

Misconception #4: The breathalyzer results can’t be challenged

Breathalyzers aren’t always accurate — even a small defect can impact the results. There are a number of ways an experienced criminal defense attorney can challenge a breathalyzer test. For instance, the breathalyzer results may not be reliable if the device was not properly calibrated, the officer lacked breathalyzer test training, or the breathalyzer test was obtained through an illegal search. 

Misconception #5: You don’t need legal counsel for your first DWI

Even if it’s your first DWI, having an experienced attorney is vital. It can also make all the difference to the outcome of your case. A first-time DWI can come with serious consequences, including jail time, fines, probation, loss of your license, and other penalties. A skillful criminal defense attorney will know how to challenge the evidence against you, mount a solid defense strategy, and work diligently to obtain a dismissal by finding any flaws in the prosecution’s case. They will also know what the best course of action to take in your case is, and how to effectively negotiate a plea bargain with the prosecution.

Contact an Experienced New York Criminal Defense Attorney

If you’re facing DWI charges, it’s critical to have a DWI defense attorney on your side to safeguard your rights. The criminal defense attorneys at D’Emilia Law are committed to providing knowledgeable representation and adept advocacy to those who have been arrested for DWIs and other alcohol-related offenses. To schedule a consultation, contact us at 1-888-DEMILIA.

DWI
How are Commercial Drivers Impacted by a DWI in New York? cover

How are Commercial Drivers Impacted by a DWI in New York?

New York State has strict DWI laws — and they are even more stringent for those with commercial driver licenses (CDLs). Critically, operating a large vehicle comes with a significant amount of responsibility, and CDL drivers are held to a higher standard. As a...
DWI Case

Why is BAC Important in a DWI Case?

A driver’s blood alcohol concentration (BAC) is a common source of evidence that is used to determine whether they were operating a vehicle under the influence of alcohol. Unlike subjective observations by law enforcement, BAC provides an objective measurement of...
Hazing in New York

What is the Crime of Hazing in New York?

Hazing is often viewed as part of an initiation ritual in college organizations, clubs, and sports. However, these practices can also lead to significant physical harm to a victim. While more colleges are cracking down on hazing, punishment for these offenses isn’t...
Collateral Consequences

Collateral Consequences of a DWI in New York

Being found guilty of driving while intoxicated by drugs or alcohol doesn’t only involve penalties of jail time, monetary fines, and a criminal record. A conviction can also come with a variety of collateral consequences. These types of secondary consequences can have...
DWI Parker Car

Can You Get a DWI if You are in a Parked Car?

Many people are familiar with New York’s drinking and driving laws and know that it is illegal to operate a vehicle while under the influence. But you may be surprised to learn that in some cases, you can also be charged with a DWI if you are intoxicated while sitting...
Vehicular Manslaughter

What is Vehicular Manslaughter?

A DWI can come with substantial penalties — and the charges are even more serious if you killed someone while driving under the influence. There are three different types of aggravated and vehicular manslaughter charges that can be brought in New York, including...
Criminal Charges

What’s the Difference Between Having Criminal Charges Dropped Versus Dismissed?

If you’re a defendant in a criminal case, you may be wondering whether it is better to have the charges against you dropped or dismissed. These two results are not the same as being found “not guilty” by a jury — and it’s important to know the difference between them....
Resisting Arrest

What is the Crime of Resisting Arrest?

Resisting arrest by a police officer is a serious matter in New York. If there was a dispute or altercation between you and law enforcement during the arrest process, it can result in additional criminal charges being brought against you. In the event you are facing...
Drugged Driving

What is Drugged Driving in New York?

Operating a vehicle under the influence of alcohol isn’t the only impaired driving offense that can lead to an arrest. Critically, prescription drugs, over-the-counter medications, and illegal substances can all affect a person’s ability to drive. Drugged driving can...
Arraignment

What is an Arraignment?

If you have been arrested for a crime, the first time you will appear in court is at a proceeding called an arraignment. The purpose of the arraignment is for the judge to read the charges against you and find out how you intend to plea. You will also be told what...