Tuesday, May 28, 2024

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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, they are also applicable to people who are not, otherwise, revoked, but have been convicted of a high-point driving violation (defined as bearing 5 or more points).


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Peter Gerstenzang

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.

4 Responses

  1. so what happens to people that were perm. revoked for 3 dwis and could apply for a waiver after 5 years? is the five years applied to the waiting period and they have to have a breath device for five years? thats how i am understanding the law. tried to call dmv but that was useless because they dont even understand the law. any help would be great.

    1. A friend of mine has a DWI case with an alleged alcohol reading of 0.23. He is being tried for felony because he had a child of 7 years old in the car at time of arrest. Will this amount to an aggravated DWI that would lead to a deportation even if there is no previous criminal records? There was no accident or bodily harm to his child and wife who were in the car. My colleague’s immigration status is G4 visa.

  2. I was stopped at a checkpoint in November of 2012. I admitted to having 2 drinks having assumed that that would register under .04. I also admitted to being on Xanax, which I have had a perscription for, for 40 years. They tested me at the scene twice in order to come up with a reading of .05. Before they officially arrested me they searched my vehicle and found a baggie with .75 grams of a controlled substance. At the station I tested at .03 BAC. My current attorney has gotten a plea deal done to 2 misdemeanors which, to me, does not sound like a deal at all. Can’t I get this dismissed?

    1. Mr. Bennett,
      While we appreciate your inquiry, it is not appropriate for the contributors to this blog to counsel you about your case when you have either hired or been appointed counsel. We do, however, appreciate you reading this blog and hope you will continue to do so in the future. You might even suggest your lawyer take a look at our entries having to do with the issues involved in your case. Good luck, Steve Oberman

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