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Field Sobriety Test

Can a Driver Refuse a Field Sobriety Test in New York?

In a case where a driver is suspected of operating their vehicle under the influence of alcohol, a preliminary breath test isn’t the only test a police officer might ask to administer. Part of the arrest process may include conducting field sobriety tests. These types...
DWI

New York Launches “STOP-DWI Month” and “Don’t Drive High” Campaigns

New York State is notoriously tough on impaired drivers, and driving under the influence of alcohol or marijuana can result in serious legal consequences. Significantly, New York is cracking down on impaired driving with two new public awareness campaigns that were...
Cannabis

New York State Seeks to Implement Cannabis DWI Test

With the legalization of recreational marijuana in New York State, the New York State Department of Health is examining methodologies that can be used to detect cannabis-impaired driving. Unlike the technologies that can determine a person’s blood alcohol content in...
DWI

5 Common Myths and Misconceptions About New York DWIs

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...
DWI Cases

Use of Chemical Tests in New York DWI Cases

Chemical tests play a major role in DWI cases. Critically, there are typically three tests used in New York DWI cases to determine an individual’s blood alcohol content: blood tests, breath tests, and urine tests. While portable breath tests are commonly administered...
DWI and DWAI

What’s the Difference Between a DWI and a DWAI?

Drinking and driving is a serious matter that can result in severe consequences. However, not every alcohol-related driving offense is charged as a DWI. Driving While Ability Impaired (DWAI) is a lesser charge that can be brought by prosecutors in some cases. Although...
Penalties for a DWI in New York

What Are the Penalties for a DWI in New York?

Getting behind the wheel if you’ve had too much to drink can have devastating consequences on your life and livelihood. Not only can a DWI conviction have an impact on your reputation in the community, but the long-term effects and legal ramifications can be severe....
DWI Defense Attorney

5 Reasons You Need a DWI Defense Attorney

Being arrested for a DWI can be life-changing. Not only can you lose your license, but a conviction can come with jail time, significant fines, and damage to your reputation. Regardless of whether it’s your first DWI — or your third — it’s critical to have a DWI...
man caught drunk driving

Avoid Common DWI Mistakes

Summer 2020 will undoubtedly be a historic one in New York…The limits of social distancing will be tested as gatherings resume. When there are parties, there may be alcohol. That can lead to driving while intoxicated (DWI). D’Emilia Law has defended against countless DWI charges and secured favorable results.