New York DWI

This is the New York version of the Fair DUI flyer. Please note that New York State uses the term “DWI” for most offenses.

ny-flyer-front

ny-flyer-back

DWI offenses in NY include:

DWAI – Driving While Ability Impaired is a lower level non-criminal offense, usually corresponding to a blood-alcohol content (BAC) between 0.05 and 0.07. Unfortunately the consequences are almost as bad as a full DWI.

DWI – Driving While Intoxicated is the most common “drunk driving” offense we see. This usually corresponds to a BAC from 0.08 to 0.17, and is also commonly charged when the driver refuses a breath test.

Aggravated DWI is typically charged when the BAC is 0.18 or above. The penalties are a little harsher than DWI, but it is the same level of offense.

DWAI Drugs – Driving While Ability Impaired By Drugs is the charge used when police claim the driver is impaired by something other than alcohol, such as marijuana, opiates or other drugs. These cases are very difficult for prosecutors to prove.

Links are from Fair DUI founder Warren Redlich’s law firm website.

Share Button

43 thoughts on “New York DWI

  1. George Posporelis

    You are a LIFE SAVER! I have been involed with emergency services for nearly thirty years and I have seen Drastic Changes occurring in this time frame with LEO’s. Back in the 1980’s when my training started police were “Trusted”!! There was no peper spray because the/odor would also incapacitate anyone else who approached the target. No Tasers who wants to be electrocuted? Trust me when they came out I was treating my patient when a cop thought it might be funny to juice the nut unaware that I was touching him, like kissing an electric outlet OUCH! Plus these tasers can cause cardiac arrests with patients with heart disease. My generation cops had 38’s & shotguns. SWAT team was separate stand alone that trained constantly to avoid loss of life and DE-ESCALATE situations! If cops are worried about thier safety and people in threatening manner THEN WEAR YOUR VEST AND JACKET!!!! That’s what we tax payers bought them for you. You do not need military vehicles, my parents remember after WWII extra military stuff was either boxed up, moth balled or dumped in the ocean NOT GIVEN TO THE POLICE. Why do the police need to escalate every encounter with the public? I’ve done calls in police stations and have seen how they treat arrestees, POW’s were treated better they had the Geneva Convention protecting them. If the police go after the public there is NO CONVENTION protecting them against type of attack. I say this to everybody remember your history or world history from time of the Persion, Greco, Roman & Dark ages to our American Revolution, The War of 1812, the Civil War, to both world Wars the Vietnam War a war that we were’t even supposed to be there. Please read Gen. Smedley Butler’s book War is a Rackett. He was a two time Medal of Honor recipient now deceased who served country inthe late 19th & early 20th century who also uncovered an attempted coup by wealthy industrialists during FDR’s first administration. He presented this to congress but for reasons that were glossed over the administration had a sit down with all of the participants and no one went to jail. Thus Gen. Butler retired in disgust to private and wrote his book. So look deep in your history, our history, don’t rely on the gov’t books. Research other materials, guess what, what we the nation did to the native Americans will be done to us. Reminder the Bundy ranch in Utah? That was only a couple of yrs ago. History remember it. It’s our warning it’s our protection!

    Reply
    1. Dan A.

      What do you mean by “I will comply with clearly stated lawful order?”

      Like if the police ask me to open the window, do I have to?
      Or if they ask me to step out of the car?

      Thanks, an example will.

      Reply
      1. mark

        After going to a party and consuming 2 sunkist orange juices and 3 bottles of water,I was at a southampton,ny dui checkpoint last night and the officer asked me to pull over to the side.The first question he asked was”have you had anything to drink?” I had said absolutely nothing throughout the ordeal.Right away that drew suspicion and he continued to ask questions such as,” do you understand me?, trying to get me to say something.I know my rights in having the right to remain silent.The officer then performed a eye test without moving my head..from left to right as he moved his finger.He then said that I was free to go.
        Is this an abuse of authority or unconstitutional stop? Could I just have stayed in the car? It took 20 minutes of car backup before the checkpoint (pissed me off),then another 20 minutes of bs.

        Reply
        1. wredlich Post author

          It’s hard to answer your question without more facts. He “asked” you to pull over to the side? Was it really a request (which is okay) or was it an order? If an order, the question would involve what facts the officer used to justify ordering you to the side.

          Fair DUI thinks all checkpoint stops are unconstitutional. The courts generally disagree with us.

          The right to remain silent is tricky. The Supreme Court has said you have to “expressly invoke” your right to remain silent. Just being silent is not enough. That’s why we have the flyer, which allows you to invoke the right while remaining silent.

          It sounds like the officer also had you get out of the car. That’s another step where they need facts to justify that. Though, of course, if it was only a request and you agreed then it’s harder to challenge it.

          Could you have just stayed in the car? That’s still tricky. There’s a Supreme Court case that says police can order people out of their cars, but that was not a checkpoint case and we think the courts would say they need a good reason to get you out of the car. So the question is why they ordered you out of the car (if they did).

        2. mark

          So,it’s not ok to remain silent before there is an arrest,but ok to remain silent after? A person cannot force another to speak.

        3. mark

          How can it be tricky? The “right to remain silent” is just that.A person has a right say nothing.Has anyone ever been arrested and convicted of doing nothing? The tricky part of this was,I’am sure that the officer said,” pull over”.If he said”could you please pull over?”,that would have been totally different,in that now I have to try to figure out how and in which way to respond to that without dialog.If I invoke my right to remain silent,then I will be starting a dialog,which I chose not to from the beginning to end of the ordeal.
          Furthermore,we have a case here where the officer pointed a bright light into my eyes while doing the eye test.When I got back into the vehicle I was seeing giant rings of light all the way home from his large bright flashlight.This at the very least was dangerous to me and anyone else on the road.At the least we have harassment by an officer.

        4. mark

          How can it be tricky? The “right to remain silent” is just that.A person has a right say nothing.Has anyone ever been arrested and convicted of doing nothing? The tricky part of this was,I’am sure that the officer said,” pull over”.If he said”could you please pull over?”,that would have been totally different,in that now I have to try to figure out how and in which way to respond to that without dialog.If I invoke my right to remain silent,then I will be starting a dialog,which I chose not to from the beginning to end of the ordeal.
          Furthermore,we have a case here where the officer pointed a bright light into my eyes while doing the eye test.When I got back into the vehicle I was seeing giant rings of light all the way home from his large bright flashlight.This at the very least was dangerous to me and anyone else on the road.At the least we have harassment by an officer.
          Last,the officer asked me if I had anything to drink? If I were to answer this question hypothetically,truthfully,the answer is yes.Every man woman and child needs to drink to stay alive.

  2. Ryan Stevener

    Just click on images and print page? Then tape them together back to back, and put in a zip lock bag with other forms?

    Reply
    1. wredlich Post author

      Yes on traffic stops. That’s the main idea.

      Not sure about immigration. Talk to an immigration lawyer.

      Reply
  3. Rey v

    So on a traffic stop. I don’t open my window but show them the flyer and all relevant information. if they ask for me to hand it to them, do I legally have to hand it to them?

    Reply
    1. wredlich Post author

      If they ask, no. If it’s an order, in NY it’s an illegal order but most people should comply.

      Reply
      1. mark

        Non compliance would be the appropriate action and since the order is illegal,should be prosecuted to the fullest extent of the law

        Reply
      1. Joe

        I have tinted windows. They aren’t super dark but if an officer says he cannot read my information through the tints, what is the smart thing to do? Should I open my window or use the ziplock bag method?

        Reply
        1. LaTawnya

          Tinted windows are not illegal in New York anymore. They come factory on a lot of cars. As long as they let in at least 70% of light on the door windows it is fine. Rear windows don’t matter, and windshields can have non reflective tint on the top 6-inches of the windshield. http://dmv.ny.gov/registration/tinted-windows

  4. Joe

    I am aware tints are illegal. Keeping the tints on the window, which of the 2 options would be best. To open the window, or use ziplock bag method.

    Reply
      1. Nate

        The other day I got pulled over in my drive way because I left someone’s house the cops were watching he asked for all my papers I gave them to him then asked if I knew this certain person I said no he said that’s funny u were just at his house then asked why I was not wearing my seat belt I said I’m in my drive way I just took it off then he asked what was in plastic bag on my seat I said tips for a power washer he asked to see so I showed him he went back to his car and gave me a seat belt tic. Could I have used this in this situation if so wouldnt it make him want to pull me out the car and cuff me

        Reply
        1. wredlich Post author

          Yes you can use it in that situation. But you use it the moment he approaches the car.

        2. mark

          Never ever say anything to the police !! Once you open your mouth,they got you and they will play their game and you will be manipulated.
          How many people you think were arrested for opening their big mouths? Many !!!

  5. Jack

    Am currently fighting a DWI case in NYC, I had a friend recommend a lawyer who helped him beat his DWI case. My lawyer has been working DWI cases for over 30 years but right now i don’t feel comfortable with him because every time we talk or meet for court he always says ” you should not have taken the breath test” this is making lose faith in him winning the case, I don’t want to lose my license. I have already payed him to take on the case, but he keeps asking for more money for BAC expert my lawyer wants to use to beat the case. At this point can I switch lawyers and get my money back?

    Reply
  6. Pingback: Former Prosecutor -- Ask Me Anything - Page 4

  7. J

    Mr. Wredlich,

    How can one determine if a police man is making a request or issuing an order if we are to remain silent at all times?

    Thank you for all your efforts in creating and maintaining this website!

    Reply
  8. J

    Thank you very much for that video. The one problem I seem to run into is, as you probably know, in NYC the cops will not begin their sentences with “please” or “can yo”u…nor will they say “I order” or “I command you to”…my experience it has been “roll down your window” or “step out of the car”. Would you then recommend asking them if that was indeed an order and do they have to articulate to you that they are indeed issuing a legal order? Also, if the vehicle you are operating is not in your name, but in the name of a family member or a friend, should you get a written statement from the authorizing you to operate the vehicle since if they ask you whose car this is you’re not going to answer them. Thank you.

    Reply
    1. wredlich Post author

      If it’s clearly an order then obey it asks let your lawyer fight that later.

      But don’t talk. Not one word. Period.

      Reply
      1. Drew Guz

        Can I use this paper at DUI checkpoint stops in NYS? If so, can they legally say that they are detaining me under suspicion of drunk driving because I did not consent to them applying a breathalyzer?

        Reply
        1. wredlich Post author

          The Fair DUI Flyer is used before you get to the stage of them asking you to do a breath test. That generally happens after you’re outside the car. This is for before you even roll down the window.

          If you’re ordered to do something, I generally recommend you obey the orders and let your lawyer fight that later.

          Breathalyzer is the wrong term. I think you are referring to the “PBT” or “portable breath screen” the police use at roadside. I generally recommend that people do that test.

          The old breathalyzer was a machine in the police station, after you were arrested already. They no longer use that device in NY. Typical device used is called the Datamaster, though there are others.

  9. George Posorelis

    With “NO DISRESPECT” to Warren, I must raise what everyone seems to have forgotten the FIRST 3 lines that in part why OUR FOREFATHERS fought for and great Jurist have thought through for OUR FREEDOMS! NOT GET OUT OF DWI’s….and YES CIVIL DISOBEDIENCE must be PRIMARY CAUSE for this document! I do not suggest it is up there with Thurgood Marshall but the first step for any citizen(s) is to recognize that there’s the injustice, second is to stand up to that injustice. Ghandl hand done it right way by following everyone of histories most NON-VIOLENT LEADERS and taking a little from each to reach INDIA’s Independence. But this is not India, Martin Luther King tried Ghadi’s way and were did get him? The recivieving end of an assassin’s hatred! It seems war and death is the only way our American history knows how to effect change. I remain silent – from our bill of rights NOT TO INCRIMINATE OUR SELVES DUMMIES SO KEEP YOUR MOUTHS SHUT!!! Next no searches – from our bill of rights taken straight from our 4 amendment: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. I.e.; a Warrent issued by Judge or Magistrate. NOT BY SECRET COURT SUCH THAT OF THE FISA COURT, WHICH MEETS IN SECRET AND “ANSWERS” TO NO BRANCH OF GOVERNMENT!!! Now the last line of Warren’s statement, I WANT MY LAWYER, and no for you BOOBS “It’s not from law and order or those countless stupid police shows over the last several decades, I WANT MY LAWYER comes from our 5th amendment in not only self incrimination but you get a LAWYER, SPEEDY TRIAL, FACE YOUR ACUSERS and a little more tidbits.
    EVERY REPLY I’VE SEEN IS ABOUT GETTING OUT OF DWI,s & traffic problems IF YOUR THAT STUPID TO BE CAUGHT THEN YOU DESVESRE THE AGONEY THAT GOES WITH IT. WHY DO THINK SOCIETY IS SO SCREWED UP? BECAUSE NOBODY CARES UNTILS THEIR “LITTLE” WORLD IS AFFECTED!!! MAYBE IF EVERYONES WORLD IS AFFECTED YOULL START TO LOOK AT WORLD AS RELIZED YOU THE ONLY PARTY GOERS HERE!!! Make some room but I doubt it…..

    Reply
  10. Jeremy

    Just to be clear, you DO recommend taking the PBT, correct? Can I ask why? Just because almost every other legal professional has explicitly told me not to consent to it. Thanks in advance for your reply and setting all of this information up for the public.

    Reply

Leave a Reply

Your email address will not be published. Required fields are marked *