Albany NY DUI FAQ

Every case is different and there are no guarantees. Below are rough answers to some questions we hear frequently.

Q: Will we be able to get a plea bargain?

A: Usually we can get a first-DUI charge reduced to a DWAI violation. However, if your BAC is 0.18 or above, you will probably be charged with Aggravated DWI, and the only offer is likely to be a reduction to DWI, which is still a misdemeanor. Other factors also might prevent a plea bargain, such as if the charge arose out of a serious accident, if you have a criminal record, or if it is not the first DWI on your record. In such cases, we may be able to get a reduction later if we can find any weakness in the prosecution’s case.

Q: Do I need a DUI lawyer?

A: No, you don't "need" a lawyer. If you want to plead guilty to the charge, or if you want to try to negotiate for yourself, you do not need a lawyer. However, in many courts, we will get you a better deal than you will get for yourself. Also, we will be able to make sure the process goes smoothly, reducing or eliminating any time period where you will be unable to drive due to suspensions. Read more about this on our "Why Hire A DWI Lawyer?" page.

Q: Do I have to come to court?

A: Sometimes. Some out-of-state or out-of-area clients might not have to come to Court if we appear for you. Other than that, DUI defendants usually have to come to Court. You will have to surrender your license, and the judge will want to make sure you understand what you have to do. We have represented clients from other states and distant parts of New York State (such as New York City) without our clients appearing. Many judges are uncomfortable with it, but so far no one has refused to allow it. We've even done it with a local client, where he was out of state visiting his mother in the hospital. But generally, for local clients, you will have to appear.

Q: What DUI courts do you cover?

A: We handle DUI Law in all courts in the Capital Region. See our DWI Courts page for a list of the busier courts in the area. We are willing to travel, but our fee goes up based on the travel time. In most cases it will make more sense for you to hire a local attorney. Call us if you’re not sure. 888-733-5299.

Q: Will my insurance rates go up?

A: Probably for New York drivers, and also for out-of-state drivers. A DUI conviction is reported on your New York driving record. If your insurance company finds out, your rates will almost certainly go up. In some cases your insurance company will drop you as a customer and you may have to enter the assigned risk pool, where rates are dramatically higher. It is possible that your insurance company will not find out, and then your rates shouldn’t go up. If you are from out-of-state, a New York DUI conviction may not affect your license or insurance, except in Quebec and Ontario. In our experience, reporting of DUI matters to other states is inconsistent. They are supposed to be reported through the Drivers License Compact, but many of our clients have not been affected.

Q: Can we beat the charge?

A: Maybe. Most DUI charges are difficult to beat and it will cost a lot more to fight than to make a deal. The police usually do a good job and the hard truth is, most defendants are guilty. Still, the police sometimes slip up. They may not have had a good reason to stop your car. They may not have had enough evidence to require a BAC test. They may have done the tests wrong. You may have credible witnesses who can say you were not intoxicated. You should go over the facts of your case with an experienced DUI lawyer. In many cases the only reason not to fight is the cost of our fees. We will usually (but there is no guarantee) be able to get you the same deal after a suppression hearing and there's always a chance that something will go well for us at the hearing.

Q: Does it make sense to fight the charge?

A: In most circumstances it makes more sense to fight the charge, at least through a motion and suppression hearing, especially where:

-- The only offer is to plead guilty to the charge (you have nothing to lose by fighting)
-- The BAC is 0.09 or below, and especially at 0.06 or 0.05 (low BACs create a number of issues)
-- The BAC is 0.18 or above (the reduction from this charge is not that great, so you have little to lose)
-- There was an accident, especially if someone was injured (you may get sued and/or charged with something more serious)
-- There are other significant problems with the prosecution's case
-- You are licensed in another state (various reasons)

Recent examples of DUI cases we are fighting include where our client was stopped by police for running a stop sign in a parking lot, which is not illegal (update: we won this one); a "checkpoint" stop; a few DWAI cases where the BAC was 0.05 (dismissed) or 0.06 (2 cases, both pending); a case where we had little chance but fought because the offer was terrible (officer didn't show up for the hearing - case dismissed - our client was very lucky on this one); a case where our client was sitting in his car at home and hadn't driven the car; etc.

Q: What do you charge?

A: Our fees range from $1000 to $10,000 or more. Read more on our Fees & Payment page.

Q: What’s the difference between DUI, DWI, and DWAI?

A: DWI stands for Driving While Intoxicated, which is either a specific numerical BAC result of 0.08 or higher (V&T Law Section 1192(2)), or a general notion that you’re intoxicated, proven by testimony and other evidence of the nature of your impairment (1192(3)). DWAI stands for Driving While Ability Impaired (1192(1)), and is generally considered to be when the BAC result is higher than 0.05 but below 0.08, though it is actually not that simple. New York also added a new offense early in 1997, called Aggravated DWI, which is where the BAC is 0.18 or above.

DUI stands for Driving Under the Influence, and is a general term in the US for the subject. The term DUI is not commonly used in the legal system in New York State.

Under V&T Law 1193, first and second convictions for DWAI are violations - they are not crimes and you cannot get a criminal record for a violation. A third DWAI is a misdemeanor. A first DWI is a misdemeanor, while a second DWI is a felony.

For other questions, please call us at 888-733-5299. The phone call and initial phone consultation are free.

Please call us to discuss your case before making any payment: 888-733-5299

A person answers our phone.
888-733-5299
255 Washington Avenue #108, Albany, NY 12205
Fax: 518-862-1551 wredlich@gmail.com

The Redlich Law Firm
Albany NY DUI Lawyer FAQ

The largest courts we cover are in Albany, Schenectady, Guilderland, Saratoga Springs, Colonie, Troy, Rotterdam, Bethlehem, Clifton Park, Princetown and Duanesburg.

©2008 Warren Redlich, Esq.

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