Friday, January 20, 2017

Ithaca DWI Lawyer: When Does New York's DWI Prompt Suspension Law Not Apply

New York DWI Triggers
Prompt License Suspension
A New York State DWI first appearance in Court mandates a prompt (as in immediate) suspension of NYS driving privileges. This is true whether you have a license from New York or someplace else. Although this law is strict it is NOT ironclad. There are a great many exceptions and exemptions to being summarily suspended from driving. So when is your license NOT suspended at the initial appearance for a New York DWI ?

Prompt Suspension of All New York Driving for a DWI Offense is Under Section VTL 1193 (2)(e)(7)  

The prompt suspension law calls for an immediate suspension of the your NYS driver's license (or license privileges) at the arraignment. The arraignment is your first appearance (usually with your attorney).

The accusatory (accusations) police paperwork must of course meet the legal sufficiency standard. This is set out in the NYS Criminal Procedure Law § 100.40, and there must be reasonable cause (= probable cause) to believe that the you operated (a wider term than drove) a car while having a BAC (blood alcohol concentration) of .08 or more. 

When Does A NYS DWI Prompt Suspension NOT Happen?

1. There is NO certified breath test paperwork. This happens more than you might imagine. No certified test NO suspension, end of story.

2. There is a blood test. Usually it takes 6 to 8 weeks or more. Lately it has been 3 to 4 months to get back the blood test results in a DWI or DWAI drugs case. Again, NO certified blood test NO suspension.

3. If there is only a DWAI alcohol (VTL 1192 (1)) charge. Driving While Your Ability Impaired means your BAC was under .08. DWAI is presumptive at a .06 BAC to .07 BAC. Again if the breath test was lower than .08 then NO suspension of driving privileges.

4. If you were charged with DWAI drugs (VTL 1192 (4)), alleging impairment by drugs so NO alcohol charge. NO suspension of driving privileges. 

5. You are charged with common law DWI VTL 1192 (3) (NO BAC .08 or more) and DWAI (BAC under .08) and your breath test was under .08 BAC. Then NO suspension of driving privileges.

Don't Just Go Along with the Court, Hold Everyone Accountable to the Law

Make sure that your attorney demands to see a certified breath test, make sure that the court has what they need to promptly suspend otherwise it is an illegal and unjust suspension of driving privileges