Choose A DWI Criminal Defense Attorney With Experience
A vehicle is possibly one of the largest and most deadly weapons in New York City. If you have been charged with a motor vehicle crime, it is imperative that you choose an experienced, knowledgeable Staten Island hit-and-run attorney who can dig deep into your unique situation while defending your rights.
I am Kurt Richards and at my firm, Kurt T. Richards, P.C., my clients come first. I take a straightforward approach in my legal defense. I understand that there is a lot at stake, and I am dedicated to obtaining the best possible results, so that you can move forward toward a brighter, stronger future.
I have more than 30 years of experience defending a variety of individuals who have been charged with a motor vehicle crime. Motor vehicle charges can include, but are not limited to:
- DWI/DUI, including the validity of your Alcotest
- Driving without insurance
- Driving with a suspended license
- Hit-and-run
- Traffic violations
Driving Under The Influence Information:
The law makes it an infraction (violation) for a person under age 21 to drive with a BAC of between .02% and .07%. A conviction on this charge will result in a mandatory license suspension for six months, a fine of $125, a DMV fee of $125, as well as a possible registration suspension. If you are charged solely with a Zero Tolerance Law infraction, the matter is handled within the Department of Motor Vehicles. To learn more about how I can help protect your rights, call my office at [nap_phone id=”LOCAL-REGULAR-NUMBER-1″] for a free initial consultation.
Driving While Ability Impaired (DWAI)
The DWAI law makes it an infraction (violation) for a driver to operate a vehicle when their ability to do so is impaired by the consumption of alcohol. A DWAI charge can be based on the police officer’s observations, field sobriety tests, or where the driver has a BAC of between .05%-.07%. To learn more about how I can help protect your rights, call my office at 718-720-1000 for a free initial consultation.
Any person 21 or over and convicted of DWAI, their conviction will result in a fine between $300 and $500 and/or a maximum 15 days in jail. You will be subject to a mandatory state surcharge of $260 and your license will be suspended for 90 days. You will also be required to pay the Driver Responsibility Assessment to the Department of Motor Vehicles, which costs $250 per year for three years.
A second conviction for DWAI within five years will result in a fine between $500 and $750 and/or a maximum of 30 days in jail. You will be subject to a mandatory state surcharge of $260 and your license will be revoked for six months. You will also be required to pay the Driver Responsibility Assessment to the Department of Motor Vehicles, which costs $250 per year for three years.
If you are under 21 and convicted of DWAI, your conviction will result in a fine of between $300 and $500 and/or a maximum 15 days in jail. You will be subject to a mandatory state surcharge of $260 and your license will be suspended for at least one year. You will also be required to pay the Driver Responsibility Assessment to the Department of Motor Vehicles, which costs $250 per year for three years.
Driving While Intoxicated Per Se (DWI .08)
Driving While Intoxicated with a BAC of between .08 and .17, as shown by chemical analysis of such person’ blood, breath, urine or saliva, is a misdemeanor. “Per se” means of, in, or by itself without reference to additional facts. The charge is based upon the results of the test of the driver’s BAC. It is common for a driver charged with DWI Per Se to also be charged with DWI Intoxicated Condition. To learn more about how I can help protect your rights, call my office at 718-720-1000 for a free initial consultation.
If you are 21 or over, a first conviction on this charge will result in a fine of between $500 and $1,000, a mandatory state surcharge of $400, up to one year in jail, and a license revocation of six months. You will also be required to pay the Driver Responsibility Assessment to the Department of Motor Vehicles, which costs $250 per year for three years.
Driving While Intoxicated, Intoxicated Condition (DWI Intox)
Driving while in an intoxicated condition is a misdemeanor. A driver’s intoxicated condition may be determined by, and the charge may be based on, the police officer’s observations. That is, the police officer may detect an odor of an alcoholic beverage on a driver’s breath, they may observe erratic driving, they may detect slurred speech, glassy eyes, nystagmus in the driver’s eyes, or any other indications that the driver is in an intoxicated condition. This charge is sometimes referred to as “Common-Law DWI” because it does not require any chemical testing. Therefore, a driver who refuses to take the Breathalyzer test will likely be charged with Driving in an intoxicated condition regardless of their refusal to take the test.
The penalties for a conviction are the same as a conviction for DWI Per Se. If you are 21 or over, a first conviction on this charge will result in a fine between $500 and $1,000, a mandatory state surcharge of $400, up to one year in jail, and a license revocation of six months. You will also be required to pay the Driver Responsibility Assessment to the Department of Motor Vehicles, which costs $250 per year for three years. To learn more about how I can help protect your rights, call my office at 718-720-1000 for a free initial consultation.
Aggravated Driving While Intoxicated (ADWI .18)
Driving While Intoxicated with a BAC of .18 or over, as shown by chemical analysis of such person’ blood, breath, urine or saliva, is a misdemeanor. It is common for a driver charged with ADWI to also be charged with DWI Intoxicated Condition.
If you are 21 or over, a first conviction on this charge will result in a fine of between $1,000 and $2,500, a mandatory state surcharge of $400, up to one year in jail, and a license revocation of one year. You will also be required to pay the Driver Responsibility Assessment to the Department of Motor Vehicles, which costs $250 per year for three years.
Driving While Ability Impaired By Drugs (DWAI Drugs)
New York Law makes it a misdemeanor to operate a motor vehicle while the driver’s ability to operate the vehicle is impaired by the use of a drug.
If you are 21 or over, a first conviction on this charge will result in a fine between $1,000 and $2,500, a mandatory state surcharge of $400, up to one year in jail, and a license revocation of six months. You will also be required to pay the Driver Responsibility Assessment to the Department of Motor Vehicles, which costs $250 per year for three years. To learn more about how I can help protect your rights, call my office at 718-720-1000 for a free initial consultation.
Driving While Ability Impaired By The Combined Influence Of Drugs Or Of Alcohol And Drugs (DWAI Drugs And Alcohol)
New York Law makes it a misdemeanor to operate a motor vehicle while the driver’s ability to operate the vehicle is impaired by the combined influence of drugs or of alcohol and any drug or drugs.
If you are 21 or over, a first conviction on this charge will result in a fine between $500 and $1,000, a mandatory state surcharge of $400, up to one year in jail, and a license revocation of six months. You will also be required to pay the Driver Responsibility Assessment to the Department of Motor Vehicles, which costs $250 per year for three years. To learn more about how I can help protect your rights, call my office at 718-720-1000 for a free initial consultation.
Aggravated Driving While Intoxicated With Child Passenger (ADWI Child In Vehicle Or “Leandra’s Law”
Driving While Intoxicated with a child passenger age 15 or younger is a Class E Felony and is known as “Leandra’s Law.”
Leandra’s Law:
Leandra’s Law was enacted on November 18, 2009, for Leandra Rosado, an 11-year who was killed in a vehicle driven by an intoxicated adult. The law makes it a Class E Felony to operate a vehicle while impaired by alcohol or drugs with a child who is 15 years of age or younger in the vehicle. The law also requires a person convicted of DWI to install an Ignition Interlock Device on every vehicle they own or operate for a period of at least six months. To learn more about how I can help protect your rights, call my office at 718-720-1000 for a free initial consultation.
Ignition Interlock Device
An Ignition Interlock Device connects to a vehicle’s ignition system. Before the vehicle can be started, the driver must provide a breath sample. The interlock device measures the alcohol content of the operator’s breath and prevents the vehicle from being started if the breath sample contains over .02% of alcohol. If a court requires a driver to install an ignition interlock device, this restriction will be reflected on the driver’s license.
When Is It Required?
The Court must require a defendant to install the Ignition Interlock Device whenever the defendant is convicted of one of the following offenses, even if it is their first offense:
- DWI
- Aggravated DWI
- Leandra’s Law (aggravated DWI with a child aged 15 or younger in the vehicle)
The Ignition Interlock Device Is Not Required If:
You are convicted of Driving while ability impaired by alcohol or for driving while ability impaired by drugs and alcohol.
Ignition Interlock Device
Before the vehicle can be started, the driver must provide a breath sample. The interlock device measures the alcohol content of the operator’s breath and prevents the vehicle from being started if the breath sample contains over .02% of alcohol.
If the driver fails the initial breath test, the vehicle will not start. The Ignition Interlock Device will request another breath sample within five to 15 minutes. If the driver fails the second test or fails to provide a breath sample, the car will completely disable itself within five days. The driver must return the vehicle to the Ignition Interlock Device Vendor within that time period.
If the driver passes the initial breath test, the vehicle will start. The Device will request a second breath sample from the driver within five to 15 minutes of operating the vehicle. This is known as a “Rolling Re-Test.” If the driver fails to take the Rolling Re-Test within six minutes of the Device requesting a breath sample, the vehicle’s headlights, taillights and horn will activate continuously and uncontrollably. It is a crime to tamper with the vehicles lights or horn in order to prevent the alarm. If the driver passes the Rolling Re-Test, the Device will request a new breath sample from the driver approximately every 30 minutes that the car is being operated. To learn more about how I can help protect your rights, call my office at 718-720-1000 for a free initial consultation.
How Does It work?
The Device is manufactured in such a way as to prevent drivers from providing artificial breath samples. The driver must hum and blow at the same time, which prevents drivers from utilizing an air compressor or some other artificial method of blowing air into the Device.
How Does The Device Know Who Is Giving The Sample?
Most devices are also equipped with a camera that takes a photograph of the driver and all passengers in the vehicle at the time of the test. This feature guarantees that the person providing the breath sample is the driver of the vehicle. Some devices are equipped with infrared cameras that operate in the dark.
Test Results
The Device reports test results directly to the probation authorities and to the court that imposed the sentence.
Suspended License
The Ignition Interlock Device is required for all vehicles that the convicted defendant owns or operates, regardless of whether they have a valid driver license and regardless of whether their driving privileges have been suspended or revoked or have a conditional license.
Ignition Interlock Device Cost
The cost of the Device varies depending on the vendor. The most affordable Device available in western New York is approximately $500 to $600 for six months.
As of November 1, 2006, an out-of-state conviction is treated as if the offense was committed in New York. For example, if the driver is convicted in another state of driving with .08% blood alcohol content, the driver is treated as if he or she was convicted of DWI in New York state.
DISCLAIMER: All material included on this page and generally on the website is for informational purposes only and may not reflect the most current legal developments. Because the law changes quickly, none of this information should be used or relied on as legal advice or opinion about any particular matter. You should consult with a lawyer about your particular circumstances before you act on any of the information contained in these pages because the information presented on these pages may not be applicable to your particular legal situation.
In criminal court, timing is everything. Regardless of your charge, it is important to consult with an experienced attorney as soon as you are able.
Choose A Knowledgeable Staten Island Breathalyzer Lawyer, Call 718-720-1000
To learn more about how I can help protect your rights, call my office at 718-720-1000 or complete an online contact form for a free initial consultation.
