DWI Blog
In 2007, New York State enacted a new law that created the offense of Aggravated Driving While Intoxicated (Aggravated DWI). This category of DWI has higher penalties and different plea-bargaining restrictions than a regular DWI and is considered a more serious offense. Make sure that you know what the difference is between DWI and Aggravated DWI, what the penalties are, and what your options may be if you are charged with this more serious crime.
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If your New York State driver’s license has been suspended or revoked due to a drug or alcohol-related driving violation, the DMV may issue you a conditional license so that you can do the necessary things in your life that require you to be able to drive. However, there are certain requirements that you must meet in order to get and keep a conditional license, including participating in the Impaired Driver Program (IDP). In order to prepare yourself for enrolling in the IDP, you should know what the program requires, what you must do to complete it, and what the penalties are for not finishing.
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The United States Supreme Court has recently said that it will review state laws that criminalize refusing to take a blood alcohol test if the police officer doesn’t have a warrant. This December 11th announcement came after the Supreme Court took cases from both North Dakota and Minnesota to consider whether these laws are constitutional. People in opposition to these “implied consent” laws claim that they violate the 4th Amendment protection against unreasonable searches. The brief of the Minnesota case states that, if the laws are allowed to stand, it gives “greater constitutional protection to an arrestee’s pockets or handbag than to the arrestee’s body.” Those who support the laws contend that they are a reasonable way for states to discourage drunk driving. Thirteen states in the country currently have implied consent laws, New York being one of them.
