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Author Archives: Peter Gerstenzang

Peter Gerstenzang is the senior partner in the Albany law firm of Gerstenzang, O'Hern, Hickey, Sills & Gerstenzang. He is a 1970 graduate of Albany Law School. He is one of only three lawyers in New York State who have been Board Certified as specialists in DUI Defense Law by the National College for DUI Defense ("NCDD"). The NCDD is the only organization accredited by the American Bar Association to certify attorneys as specialists in DUI law.* His practice focuses on Criminal Defense with an emphasis on DWI cases and Vehicular Crimes. In addition, Mr. Gerstenzang is listed as a top DWI attorney in the following publications: The Best Lawyers in America®, The New York Area's Best Lawyers®, and New York Super Lawyers® Upstate Edition. He is listed as one of the "Top 25 Hudson Valley Super Lawyers 2010" regardless of category.

Firm: Gerstenzang, O’Hern, Hickey, Sills & Gerstenzang

Areas of Practice: New York DUI Law

Address: 210 Great Oaks Boulevard Albany, New York 12203

Phone: 518.456.6456

Fax: 518.456.6056


Law School: Albany Law School

Professional Affiliations: Mr. Gerstenzang is a regular lecturer for the New York State Bar Association (Chair, Big Apple X Program held in New York City, May of 2010, and Chair, Representing a DWI Defendant in New York from Arraignment to Disposition, September – October, 2010); National Association of Criminal Defense Lawyers/ National College for DUI Defense (Annual DUI Seminar, Las Vegas, Nevada, October 2010); the New York State Association of Criminal Defense Lawyers; the New York State Office of Court Administration (Judge’s Training Programs; City and District Court Clerks Association, Ignition Interlock Device Program, October 2010); New York State Defenders Association, Albany County Bar Association, and the New York State Magistrates Association. In addition, he teaches for various law enforcement, defense and judicial associations.

Professional Accomplishments: Mr. Gerstenzang commenced his legal career as a prosecutor for the United States Army in the Republic of Vietnam. From 1972 to 1975, he was an Assistant District Attorney for the County of Albany. Certified as a breath test operator, he taught at the New York State Police Academy in their Breath Test Training Program for 12 years. Mr. Gerstenzang serves on the Board of Regents of the National College for DUI Defense, which holds an annual seminar in Cambridge, Massachusetts on the campus of Harvard Law School. He is the Chair of the Traffic Safety Committee of the Criminal Justice Section of the New York State Bar Association. His book, Handling the DWI Case in New York, published annually by Thomson/West, is considered a standard reference for the defense of Driving While Intoxicated cases.

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Challenging the new DMV regulations

Starting in approximately 2011, a series of high publicity cases involving repeat DWI offenders led to a campaign to keep these drivers off the road.  In this regard, certain politicians attempted to pass legislation that would greatly increase the driver’s license revocation periods for repeat DWI offenders.  However, the proposed legislation was not enacted. Dissatisfied with the Legislature’s lack of action on this issue, Governor Cuomo directed DMV to enact harsh new administrative regulations that would render the need for ... Read More »

New York Ignition Interlock Device Pamphlet

IID PAMPHLET If you are convicted of common law Driving While Intoxicated (“DWI”), per se DWI, or per se Aggravated DWI, you are required to install and maintain an Ignition Interlock Device (“IID”) in any vehicle(s) that you own or operate during the term of probation or conditional discharge, and in no event for less than 6 months.  Therefore, even if you do not drive during this period you will be in violation of your sentence if there is a ... Read More »

Important Recent Changes to New York’s DWI Laws

On September 25, 2012, the Department of Motor Vehicles promulgated “proposed” regulations that dramatically increase the sanctions for drivers with repeat alcohol- and drug-related offenses.  It is important to note that these regulations do not affect revocation periods that are imposed by statute or by other regulation.  These are waiting periods that are applied to applications for relicensure, and are in addition to any revocation period. These regulations are not only applicable to people revoked for alcohol- and drug-related driving convictions, ... Read More »

A Misdemeanor DWI in New York Equals the Ignition Interlock Device

 A Misdemeanor DWI in New York Equals the Ignition Interlock Device In New York, effective August 15, 2010, every person who is convicted of misdemeanor Driving While Intoxicated (“DWI”), is required to install an Ignition Interlock Device (“IID”) in any vehicle that they own or operate for a period of at least 6 months, and DMV places such restriction on the driver’s license.  In fact, several courts in Upstate New York have mandated that the IID be installed for a ... Read More »