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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 of tests are designed to assess a...
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 launched during the holiday season....
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 drunk driving scenarios, there are...
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 about DWIs. It’s important to be aware...
What Does the Bruen Case Mean for Gun Owners in New York?
This past June, the Supreme Court of the United States issued a landmark decision in the case, New York State Rifle and Pistol Association v. Bruen. The Court held that New York’s “proper cause” requirement for a concealed pistol license violated the Fourteenth Amendment as it prevented law-abiding citizens...
Understanding New York’s Bail Reform Laws
New York’s controversial cashless bail legislation eliminated the use of cash bail for all but the most serious felonies and misdemeanors. The law, which was passed in 2019, has had a sweeping impact on the state’s criminal justice system over the last three years. While proponents argue that cash bail...
Understanding the New Concealed Carry Laws
On September 1, 2022, a new concealed carry law went into effect in New York following the United States Supreme Court’s decision in New York State Rifle and Pistol Association v. Bruen. Holding that New York’s “proper cause” requirement violated the Second Amendment, the court struck down part of the...
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 during a traffic stop, these tools are...
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 a DWAI is considered a violation — and...
What is Criminal Possession of a Firearm in New York?
Criminal possession of a firearm in New York is a serious crime. While this offense was once charged as a misdemeanor, as of March 2013, it can be charged as a class “E” felony. If you are arrested for unlawfully possessing an unregistered firearm, a conviction can come with life-changing consequences —...
New York White-Collar Crimes and Penalties
White-collar crimes, sometimes also referred to as economic crimes, are financially motivated offenses that can be committed by individuals, businesses, or professionals. These types of crimes are often classified as serious felonies in New York — and a conviction can come with severe penalties. If you have...
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. Critically, the penalties for a DWI...