When the police stop a suspected DWI offender in Syracuse, rarely is the motorist required to undergo a blood test. Typically, an officer will tell the suspected offender who appears to be drunk to get out of the vehicle, walk a straight line and recite the alphabet. If the suspect fails those tests, the police officer usually asks the suspect to blow air into a device that measures alcohol in the blood, called a breathalyzer.

A blood test is a fall-back measure, an option for when a suspected DWI offender refuses
to take a breath test. In New York State there is an implied consent statute which states that any person who operates a motor vehicle in the state shall be deemed to have given consent to a chemical test of one or more of the following: breath, blood, urine, or saliva, for the purpose of determining the alcoholic and/or drug content of the blood. Thus, you give consent to a chemical test simply by driving in the state.

The most accurate and direct determination of a suspected DWI offender’s blood alcohol content (BAC) is obtained through analysis of a blood sample. There are several advantages of a blood sample over other kinds of BAC testing. Blood tests are relatively inexpensive, there is a reduced likelihood that the person administering the test can interfere with the results, and a blood sample, unlike a breath analysis, can be saved indefinitely. The disadvantages of a blood sample in DWI cases are that it takes longer to obtain the results of a blood test, and the procedure is more invasive and carries certain health risks.

In every state, including New York, refusing to take a sobriety test can result in the suspension or revocation of a suspected DWI offender’s driver’s license. In the case of Missouri v. McNeely, the Supreme Court considered whether it should set aside the requirement for search warrants to take blood tests from suspected DWI offenders. In the case, a state patrolman stopped Tyler McNeely for speeding about 2 a.m. on October 3, 2010 in Missouri. Mr. McNeely failed roadside sobriety tests and refused to take a breath test. Mr. McNeely faced a possible prison term because he had previous convictions for drunk driving. The officer took Mr. McNeely to a nearby hospital, and without stopping to request a search warrant, he told an orderly to take a blood sample from him. A lab reported Mr. McNeely’s blood alcohol level was .154 percent, nearly double the legal limit of .08 percent. Read More »

Under current New York law, you could face harsher consequences, as well as additional charges and stiffer punishment if convicted of a DWI while a minor was present in your vehicle. Ideally, no one should drink and drive, and if they do, children certainly should not be present. Still, there are those who make poor judgment calls within this scenario, and because of this, anyone convicted of a DWI in Syracuse is subject to Leandra’s Law.

What is Leandra’s Law?
Leandra’s Law is a proactive initiative prompted by the death of 11-year-old Leandra Rosado in 2009. The adult driving a car containing the little girl and her friends crashed the car in NYC and was arrested for DWI. Soon thereafter, another horrific DWI crash involving children occurred. These events were the catalyst which brought Leandra’s father together with MADD and select politicians to create and pass legislation calling for stricter DWI penalties when children are involved. Leandra’s Law escalates a DWI up to a Class E Felony in the state of New York for any driver convicted of a DWI where children were present in the vehicle.

Penalties
If you are convicted of a DWI in Syracuse and a child was present in your car, you face harsh punishment, depending on the specifics of your case. If the child was uninjured, you could serve up to four years in prison. If the child is injured, you face a seven year prison sentence. If your DWI resulted in the death of a child, the penalty is fifteen years. This applies to children under the age of sixteen. A conviction will also result in the revocation of your driver’s license for a period of time, as well as mandatory ignition interlocks on any vehicle you are driving, including employer owned vehicles, for a minimum of six months.

Syracuse DWI Attorneys
A DWI is tragic enough without involving children. If the child is fortunate enough to walk away unscathed, this should be enough of a lesson not to drink and drive, especially with a minor in the vehicle. If the child is injured or killed, the lessons are tougher and the lifelong memory is a harsh punishment itself. If you have been charged with a Syracuse DWI, contact the experienced DWI attorneys in Syracuse at Anelli Xavier today at 315-565-7830 for a free and confidential case evaluation.

The exclusive purpose of this article is educational and it is not intended as either legal advice or a general solution to any specific legal problem. Corporate offices for Anelli Xavier are located at 269 W. Jefferson St.; Syracuse, New York 13202; Telephone No.: (315) 473-0899. Prior results do not guarantee a similar outcome. Attorney Advertising.

If you are pulled over on suspicion of a DWI in Syracuse, you’re already in some hot water. Without a doubt, you do not want to make things harder on yourself. Failure to take the proper course of action could result in further charges and harsher punishment. Therefore, you will want to employ the appropriate steps while also ensuring that your own rights are upheld.

Cooperate with Law Enforcement
When a police officer pulls you over for a DWI, practice common sense. Do not attempt to evade the police. Do not argue, and do not give false information. Failure to cooperate will only result in complicating your case, as your refusal to comply with law enforcement is likely to result in further charges, as well as additional fines and punishments. Of course, if you feel that the police have violated your rights in any way during your traffic stop, you can bring this up to your attorney as part of your case, seeking recompense and justice at trial.

Seek the Advice and Services of an Experienced Syracuse DWI Attorney
Once charges have been filed, you know you will have to deal with the prosecution and may very well be going to court. Fighting these accusations, attempting to get a fair trial, and negotiating for reduced charges and more lenient sentencing is a difficult journey, and one you should never attempt to take on your own. As soon as you are aware that Syracuse DWI charges are looming, consult a qualified attorney and hire one to defend you in a court of law. Read More »

In a recent post, we discussed Syracuse DWI laws and the potential punishments faced by offenders. However, repeat offenders with three or more DWIs now face harsher punishment. In September 2012, Governor Cuomo announced plans for a new policy. The new policy aims to give New Yorkers more protection against crashes and fatalities caused by repeat offenders by broadening the rules allowing the state to permanently revoke driver’s licenses in the worst cases. Prior regulations allowed permanent revocation only if a driver was involved in two or more DWI crashes resulting in any physical injuries. The new policy looks at repeat offenses in general, allowing for permanent revocation in some cases, and a delay of the full reinstatement of driving privileges in other cases.

How It Works
The DMV can now review the lifetime driving record of all offenders applying for reinstatement. The application may be denied if an offender has five or more DWI convictions in his or her lifetime. Reinstatement may also be denied for those with three or more convictions during the prior 25 years plus any other single serious driving offense during the same period. These extraneous offenses include:

• Fatal crashes
• Driving-related penal law convictions
• 20+ points assessed on a driver’s license during the aforementioned period
• 2 or more driving offenses resulting in five or more points each

Read More »

Getting stopped by the police is a scary experience for anyone. This article is intended to give motorists some background information regarding traffic stops and any subsequent investigation by police. However, the main purpose of this article is to describe the differences between a Preliminary Breath Test (PBT), which usually occurs on the roadside, and the Chemical Breath Test (CBT), which occurs back at the police station.

There are significant distinctions between these two tests, and likewise different consequences subsequent to a motorist’s decision of whether or not to submit to the PBT and/or the CBT. Knowing these differences is critical in terms of making an informed choice of whether to take or refuse either test.

First, we will briefly address what occurs before and during the stop itself and the attendant investigation by police. Second, the PBT and CBT will be examined in turn, along with the possible consequences of a decision to refuse or submit to each respective test. Finally, there will be a brief discussion of the potential circumstances under which it may or may not be advisable to refuse to submit to a Chemical Breath Test. Read More »