From Lebedin Kofman LLP - In this episode, we dive into the intricacies of "Common Mistakes Made after a DWI Arrest" and what to avoid if you’re facing DWI charges in New York, especially in Nassau County. We'll explore the immediate steps individuals should consider post-arrest, from understanding your rights during field sobriety tests to the implications of admitting alcohol consumption. Our discussion includes common scenarios, such as traffic stops initiated due to minor infractions like tinted windows or broken taillights, which can escalate into DWI charges.
The episode also covers essential legal concepts, including New York Vehicle and Traffic Law § 1192.2, which sets the blood alcohol concentration (BAC) limit at 0.08% for drivers, and § 1192-A, which enforces a stricter threshold for those under 21. We’ll discuss the role of the Portable Breath Test (PBT), commonly known as the Alco-Sensor, and what drivers need to know about this preliminary test often administered roadside. From the calibration of the PBT to the mandatory 20-minute waiting period required to ensure accurate readings, this segment sheds light on the importance of properly conducted BAC tests and how they influence legal proceedings.
For commercial drivers with a CDL, the consequences of a DWI arrest are particularly severe. With a conviction leading to an 18-month suspension of a commercial license, we examine how even a minor offense can drastically impact a commercial driver’s ability to work. We'll also discuss the potential for a DMV civil proceeding within 12 days of a refusal to take a breath test, where drivers must defend against a one-year license revocation. The episode highlights why individuals in high-stakes positions need to be cautious in their responses and decisions during and after a DWI traffic stop.
Finally, we explore the challenges and enhanced penalties repeat offenders face. For those with multiple DWI arrests, the legal process and potential penalties become even more daunting. The episode wraps up by discussing how an effective defense strategy can hinge on understanding these common mistakes and the steps that can be taken to protect one’s rights throughout the process. Join us as we discuss the critical aspects of navigating a DWI case in Nassau County with guidance and support from the legal team at Lebedin Kofman LLP.
Lebedin Kofman LLP
600 Old Country Rd # 205, Garden City, NY 11514, United States
(516) 212-4209
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