Bassett’s Blog

Leandra’s Law is a New York statute that turns a first-offense Driving While Intoxicated (DWI) charge into a Class E felony when a child aged 15 or younger is in the vehicle. It also requires an ignition interlock device (IID) for every DWI conviction in the state, not just cases involving children. Penalties increase if...

A DWI arrest can immediately jeopardize not only your ability to drive for rideshare platforms but also your New York State driver’s license, your TLC license if you operate in New York City, your commercial driver’s license (CDL), and your overall career. From criminal charges to administrative actions by the DMV and private rideshare companies,...

Under New York Vehicle and Traffic Law (VTL) § 1192(2), prosecutors must prove a BAC of 0.08% or higher at the time of operation, not merely at the time of testing. The rising blood alcohol concentration (BAC) defense argues that a driver’s BAC may still have been climbing after the traffic stop. In some cases,...

A Driving While Intoxicated (DWI) conviction in New York now carries 11 points under the New York State Department of Motor Vehicles (DMV) point system. It is also a criminal offense that can lead to license revocation, fines, jail time, and a criminal record. Any additional moving violations charged at the time of the arrest...

Yes, you can go to jail for a Driving While Intoxicated (DWI) conviction under New York Vehicle and Traffic Law (VTL) Section 1192. A first-offense DWI is an unclassified misdemeanor that carries up to one year in jail. However, jail time is not mandatory for a first offense. Repeat offenses, a high blood alcohol content...

A Driving While Intoxicated (DWI) conviction in New York can put a professional career at risk. For many licensed professionals regulated under New York Education Law § 6509, a misdemeanor DWI can trigger a separate disciplinary process that may lead to an investigation, public discipline, suspension, or loss of a license on top of the...