Stopped for a DWI?

Your DWI Defense Attorney is Right Here

Call Now: (845) 485-4DWI

So, you or a loved one has been arrested and charged with Driving While Intoxicated (DWI), Driving under the influence (DUI) or similar charges. Chances are if you are stopped and suspected of DWI or DUI, within an average of sixteen minutes from being pulled over, you will be handcuffed and escorted to the backseat of the police car. Naturally, you have questions. What do I do now? Do I have a defense? Will I lose my job? Will I lose my license? Will I go to jail? Of course, the Law Office of Jonna M. Spilbor, located in Poughkeepsie NY, has answers. Attorney Jonna M. Spilbor, and her experienced staff, knows how to get the best possible results from the worst situations. When you’re in trouble and have been charged with DWI or DUI, the right lawyer is right here.

  • Let’s get started: First, know this: DWI arrests can happen to anybody. They happen to the person who had 2 glasses of wine at dinner just as they happen to the driver who felt “fine” to drive after waiting a certain amount of time since their last drink. Also, know that we represent everyone equally. From doctors to teachers to truck drivers to stay at home moms, no one is immune for being arrested, and everyone deserves the best defense.
  • Regardless of your individual circumstances, there are a few things every driver should know in the event they find themselves in this situation.  View our “DWI Guide” to help answer some of your pressing questions.

Jonna Spilbor Law

Contact a Top New York DWI Lawyer Now

Step 1 of 2

50%

DWI Guide

TRUE OR FALSE: I must answer all of the questions asked of me once I am pulled over by police.

FALSE: Police are entitled to ask you basic “pedigree” information when you are stopped for a traffic violation, and you are required to answer as much. However, beyond that, you do not need to answer where you are going, where you are coming from or whether you’ve had anything to drink. In fact, if you were inclined to answer these questions (and people often do), chances are you will unwittingly provide the police officer with “evidence” that will later be used against you. It is best to remain respectful and SILENT. It is then in your best interest to contact a quality DWI lawyer. Contact Jonna Spilbor Law – Your DWI Defenders!

The National Highway Traffic and Safety Administration (NHTSA) created a short series of “tests” (not the written kind!) which NHTSA claims can determine the probability of intoxication. Law enforcement agencies have utilized the Standardized Field Sobriety Tests (SFSTs) to develop probable cause for arrest and as evidence to be used in the prosecution for drunk driving. Keep in mind, these so-called accurate indicators of alcohol intoxication must be administered in a standardized manner and, even then, can be quite inaccurate. For example, when you take your drivers test, how important is it that you can estimate thirty seconds while standing on one leg? Yet, police officers are trained to rely on SFSTs. Anytime an officer makes a mistake administering a SFST, an innocent person may be arrested and convicted. We don’t like this!

This question is about as easy to answer as, “What is the meaning of life?”

First, know this: in the state of New York, if you DO NOT take a chemical test (blood, breath or urine), your privilege to drive will be revoked for at least one year UNLESS you win what is known as a “refusal hearing”.

However, depending on the facts preceding and occurring during your stop, losing your driving privileges for a year may be a better choice than facing increased penalties for testing and having a high Blood Alcohol Content (BAC).

“To Blow Or Not To Blow” is a crucial issue for those who:

  1. Have a prior DWI conviction within the last ten years.
  2. Were involved in whether a personal injury or property damage accident immediately preceding the arrest.
  3. May, for whatever reason, register a very high BAC.

If ever you were in this position, it would be wise to seek the advice of lawyer to assist in making the decision. Keep in mind that rousing a lawyer from a sound sleep may not always be easy. IF YOU REFUSE TO TAKE A CHEMICAL TEST UNTIL YOU CAN SPEAK TO YOUR LAWYER, THIS TOO MAY BE DEEMED A REFUSAL.

Those who, for whatever reason, refuse to give a breath, blood or urine sample when under arrest for allegedly driving while intoxicated, are entitled to a hearing to determine whether the “refusal” was actually a refusal.

There are four, and only four, issues to be determined at a refusal hearing:

(1) Did the police officer have reasonable grounds to believe that such person had been driving in violation of any subdivision of [VTL § 1192]?

(2) Did the police officer make a lawful arrest of such person?

(3) Was such person given sufficient warning, in clear or unequivocal language prior to such refusal, that refusing to submit to such chemical test, or any portion thereof, would result in the immediate suspension and subsequent revocation of such person’s license or operating privilege whether or not such person is found guilty of the charge for which the arrest was made?

(4) Did such person refuse to submit to such chemical test or any portion thereof?

An ignition interlock is a device that requires a person to blow into a breath testing machine to not only start their car, but the driver must also blow intermittently while the car is in motion if he or she wants to keep it in motion!

The ignition interlock must be installed in any car owned or driven by a person who is convicted of a DWI.

The “IID” restriction will be noted on your license. If you get caught driving a vehicle without an IID, you will be arrested and charged with a crime.

Most courts in New York are requiring installation of the ignition interlock for MISDEMEANOR DWI convictions for six months or one year.

If the ignition interlock detects a blood alcohol concentration level of .025 or over it will not allow the car to start. And if your family member drives the car, he or she needs to blow too. And yes, mouthwash may keep you from getting to work.

I recently spoke with the program director of the IID program in Dutchess County who advised that there would soon be a “new and improved” IID available. It will actually be able to detect when someone other than the person with the conviction is behind the wheel so as to avoid those who live with the restricted driver from having to utilize the device. Gee, thanks Big Brother!

DWI Fact Sheet

Over 62,000 people in the state of New York alone get arrested for DWI every year. Some of them are guilty as charged. Some of them are not. It's my job to know the difference.

Get the complete DWI Fact Sheet Now!

LEGAL LOWDOWN

DWI Dog Years

Download and Listen Now

Transcript

I’m Attorney Jonna Spilbor with the straight dirt on driving while intoxicated. One, if you’re out consuming alcohol and think that keeping count of your cocktails will keep you from getting arrested, you’re wrong. Your metabolic rate has too many variables and frankly, after a couple of drinks, it’s too easy to start counting in dog years, you know, when you think you had one, but really had seven. Bottom line, if you drink any alcohol, get a ride.

Two, if you have prior offenses over your entire lifetime and want to avoid the new DMV regulations that could result in you hitchhiking to work for eternity, hiring the right lawyer is your best shot at fixing a bad mistake.

And three, at Jonna Spilbor Law, our job is to assist human beings accused of a crime. Whether you’re a teacher, nurse, carpenter, or college student, it doesn’t matter as long as you’re a human because hey, aren’t we all?

I’m Jonna of Jonna Spilbor Law. Look, if you drink, don’t drive. If ever you’re arrested for DWI or any crime, there’s only one thing you need to know, my number. That’s 485-4DWI, and you can call it 24/7. Remember, when you need help, the right law firm is right here.

New Meaning for DWI

Download and Listen Now

Transcript

I’m Attorney Jonna Spilbor with the Straight Dirt on DWI. I’ve dedicated much of my career to serving thousands of hard-working folks who’ve been arrested for drunk driving. I’ve come to realize that my role in your lives, shouldn’t just include getting you out of a tough spot, it should include preventing you from getting in one. How? By giving a whole new meaning to DWI. Here you go.

D – Designate a driver. Folks, this isn’t the person who drinks less than you. This is the person who consumes no alcohol or drugs before or during your big night out.

W – If you’ve consumed any alcohol, wait. That doesn’t mean wait with the keys in the ignition until you’ve finished that burrito. Time, not food, coffee, or water is the only thing that will truly sober you up.

I – Initiate. If you think someone’s about to risk drinking and driving, initiate a conversation which includes arm wrestling the keys from his sweaty drunk palm. Remind him that picking up the car tomorrow is a lot cheaper than posting bail tonigh. Trust me.

There you have it. Designate, Wait and Initiate, the new meaning to DWI presented by Jonna Spilbor Law. Pass it on. Of course when you need us, call us 24/7 at 485-4DWI.

Remember, when you need help, the right law firm is right here.

Transcript

I’m Attorney Jonna Spilbor with the straight dirt on driving while intoxicated. One misconception about drunk driving is that the law will look the other way if you’ve never been in trouble before. That may be true if you’re in Mayberry, but if not, listen up.

One, trusting your case to some ‘family friend’ recommended by your besty’s second cousin who’s got no experience in criminal court is about as smart as hiring a plumber to pull your tooth.

Two, the field sobriety tests are not a time to dazzle a cop with your quick wit. If you’re standing on one leg and get the urge to blurt, “I can’t do this sober”, replace the word sober with, “stupid” because well, that’s what that is.

Three, there is no such thing as talking your way out of a DWI. Drunk driving is serious business and the more you cry, whine or apologize to the nice officer, the more evidence you’ll give them against you. Don’t make a bad situation worse. When you’re in cuffs, shut the (bleep!) up.

I’m Jonna from Jonna Spilbor Law, your 24/7 law firm. Put our number in your phone and call us at 485-2LAW. Visit www.jonnaspilborlaw.com or message me on Facebook. Remember, when you’re in trouble, the right law firm is right here.