Albany DWI Lawyer
Attorney Randall Kehoe has been defending clients charged with DWI since 1990. He offers professional legal counsel at fees that are flat and affordable. There are no hidden fees or billable hours. Please contact us for inquiries in any of the following counties:
Albany, Schenectady, Rensselaer, Schoharie, Saratoga, Greene, Columbia, Ulster, Montgomery, Fulton, Warren, Washington.
Mr. Kehoe is familiar with the local laws and policies, prosecutors, judges, and courts. Call for a free consultation of your DWI (Driving While Intoxicated) case, DWAI, or other alcohol-related case or other misdemeanor. If you have an aggravated DWI cases, please make sure to call or submit an online inquiry to discuss the details of your case with the attorney.
Important Information Regarding DWI
Driving while intoxicated arrests in New York are aggresively prosecuted by many interests including county prosecution and public opinion. If you have been arrested for DWI, it is advisable not to make verbal or non-verbal statements including whether or not you have been drinking, whether or not you were operating the vehicle, etc.
Also, please be advised that a refusal to take the blood alcohol tests will result in a six month revocation of your privileges to drive. This is a paradox. Because when you apply for your drivers license you give your consent to be tested for blood alcohol content by the fact you have the license or privilege to operate a motor vehicle. If you actually have not consumed any alcohol at all and refuse, then you suffer a six month revocation. If you have had some alcohol you risk a prosecution based upon scientific evidence of blood alcohol content. Thus, there is no easy answer regarding whether or not to "take" the test.
It is, however, advisable to take the test if you have had a small quantity of alcohol because the test results will reflect this and the prosecution will reflect the low blood alcohol content. If however, hypothetically, the operator of a motor vehicle has had an extreme amount of alcohol prior to driving then the blood alcohol content will reveal a higher criminal aspect of driving while intoxicated and thus, result in an aggressive prosecution. The operator must realize that body weight, amount of food and other factors affect the B.A.C. It is generally accepted that the body can "rid" or oxidize alcohol at a rate of one drink per hour. This is 4oz. of wine, 1 12oz can of beer, or 1 1.5oz. of liquor. This is very variable depending upon weight, size, etc.
Bottom line, cooperate and be courteous and respectful with police authorities in the event of an arrest. The operator must decide based upon alcohol consumed or not consumed whether or not to take the test or refuse. If you have in fact been arrested you will likely be hand-cuffed and read your rights. These are called "Miranda warnings", this really means that if you give a statement it will be considered an admission against penal-interest, they will use it against us at trial. Please be advised that the police will only "Mirandize" you if they seek to interrogate you while in custody. If they do not interrogate you they do not have to "read you your rights". If you were arrested and you were not advised of your rights, and they did not interrogate you, then there is no statement that can be used against you. This is why during the vehicle stop that one should not volunteer information regarding alcohol consumption because it is prior to arrest and thus, you do not have Miranda Rights.
The common penalties for DWI include a negotiated plea bargain which is a violation (not a crime) and a fine. The fine ranges from $300 to $500 for the first offense. The court will likely assess the Victims Impact-Panel, which is a program regarding the dangers of DWI. Also, one will be suspended from driving for a period of 90 days.
For more specific information and/or any additional questions, please call our office 24hrs/7 days at (518) 465-2211 or complete our "Get Started Form" to submit an inquiry online. You can also complete the Full DWI Worksheet.