Law Office of John M. Dudziak, PC

An Ignition Interlock Device is a mechanical device installed on any vehicles you own and operate. This IID device requires you to blow into an intake tube, allowing the device to measure your Blood Alcohol Content (“BAC”). If your blood does not contain any alcohol, the device will allow your vehicle to start. After the vehicle starts, you will also be subjected to a second “rolling” breath sample within 5 to 15 minutes. After that first initial rolling sample, the device will require additional rolling samples randomly imposed every 30 minutes or so (they will never be longer than 30 minutes apart).

At the DMV hearing, the judge will determine if a Zero Tolerance violation occurred. This means that the police officer must prove that the vehicle was stopped lawfully, that the individual was actually driving the car, that the individual was indeed under the age of 21 at the time of the offense, that the Blood Alcohol Content (“BAC”) test request was properly made, that the BAC test was given to the individual properly, and that the underage driver’s BAC was actually over .02% at the time he or she was driving the vehicle (or at the time the BAC test was refused).

If you’re charged with DWI or DWAI in New York State, there are certain things that are going to happen to you, potentially criminally and civilly. Criminally, depending on whether you’re charged with DWI or DWAI, you could end up in jail for a maximum period of one year if it’s a misdemeanor, up to several years if it’s a felony and potentially 90 days if it’s a misdemeanor or violation. In addition to that, you could end up on probation or end up with significant fines. As far as your license is concerned, an arraignment, which is your first appearance in court after being charged by the police, you may or may not lose your license depending on what the judge does. He shall, according to the law, suspend your license pending prosecution. However, there is something called a hardship license that the judge may, at his discretion, be able to issue a driver charged if the judge can find extreme hardship that that person would be under after a hearing. Certainly, you should pursue a seasoned DWI attorney to run any of those hearings and address those matters with the court.

If you refuse to take a field sobriety test, you will face immediate consequences. Under the law, your driver’s license creates the duty for you to follow the laws related to operating a motor vehicle. The immediate consequences are not criminal in nature, but they will still drastically affect your life. The refusal may be used against you in court. Your driver’s license will also be suspended, even if it is a first offense.