New York DWI/DUI And Criminal Defense Attorney

Have You Been Charged With A DWI/DUI?

Have you been charged with a DWI? Arrested for a crime or violation? Faced with charges resulting from a traffic stop? Encountering an arrest for possession of drugs—marijuana, prescription drugs, controlled substances, or narcotics? Facing severe charges involving cocaine, heroin, ecstasy, or other drugs?

If you’re dealing with a speeding ticket or another moving violation, Randall F. Inniss can help.

With over 22 years in law enforcement, personally making DWI/DUI and drug-related arrests (e.g., narcotics, controlled substances, and prescriptions), and countless other offenses, my background provides a unique, hands-on perspective that most criminal defense attorneys lack. Almost 22 years’ worth of hands-on experience! As someone who transitioned into a lawyer while actively serving as a police officer, the contemporaneous analysis of developing and defending a case became a honed skill (i.e., thinking as a defense attorney would). Does additional insight and benefit arise when a NY DUI attorney with such depth and knowledge of both sides handles your case? Yes!

Even good people make mistakes. You are presumed innocent if you’ve made a mistake or are entirely innocent of the charge(s). I will ensure the government respects that presumption, codified in state and federal constitutions. Call for a complimentary consultation. Protect your rights! Your reputation! Your employment!

Get your strategy session today! Dial (845) 533-0265. I personally handle each case, tailoring an approach based on the specific facts surrounding your incident. I factor in your life circumstances when crafting a defense, considering each person’s situation is different. Your particular life-station often becomes a material consideration in resolving your matter. You deserve this level of individualized personal attention!

Our Pledge:

Experienced counsel with a unique, well-rounded perspective in DWI/DUI, criminal defense, and traffic defense. As a former 22-year state trooper, I will aggressively defend your case with focus and particularity. Call for a complimentary consultation. I am privileged to represent you and guide your case to a successful conclusion.

More Information:

• Moving Forward
• Defense Strategies For Unraveling The Burden Of Proof
• Mounting A Solid Defense
• The Aftermath Of The Arrest
• Behind The Wheel: DUI/DWI Investigations In New York
• Understanding DUI/DWI Charges In New York
• A Compassionate Approach
• Public Knowledge Of DUI/DWI Arrest In New York
• Aggravated DUI/DWI Charges In New York State
• Facing DUI/DWI Charges In New York State
• Police Never Read Me My Rights When I Was Arrested For Driving While Intoxicated Or Driving Under The Influence. Does That Mean My DUI Or DWI Case In New York State Is Just Going To Be Dropped?

What To Do If You Were Just Arrested For A DWI/DUI

No one expects a DWI arrest. It invariably comes as a surprise; many describe the experience as “surreal.” Clients often compare it to a bad dream or an “out-of-body experience.” Most never see it coming. I listen as clients explain that they have consumed alcoholic beverages while traveling the same route countless times without incident. How could this happen? Yet it has…

I can help! Call (845) 533-0265. As a former State Trooper who has made or participated in over 100 DWI arrests, I have literally been there. I know and understand the drill—from both sides.

You may be surprised by the reported Blood Alcohol Concentration (BAC) level results. Is the BAC “instrument” or machine wrong? Well, perhaps! There is a significant BAC range or margin in the machine’s reading—a range as much as 20%! So, there is a strong possibility that, perhaps, the reading is not your true BAC. Or, perhaps you did not take the test at all—a “refusal,” as it’s legally termed. Special rules also apply with a refusal (more on that below).

Your situation can seem daunting. Your driver’s license and potentially your professional state license for work (e.g., nurse, corrections officer, security guard) may be at stake. It is indeed a serious matter. A DWI arrest can impact you in numerous ways, both directly and collaterally. It affects you, your family, your reputation, and your relationships with friends and can impact current or future employment.

You Are Mission-Critical To Your Defense

You play a pivotal role in your DWI defense; immediate action is paramount. Not acting promptly can be damaging to your case. It’s essential to document everything about the incident: where you were pulled over, the questions posed by the police officer, your responses, and the experiences of others in your vehicle, for example. Ensure to include even minute details, such as if you blew into a handheld instrument and any statements the officer(s) may have made about why they stopped you.

What Should You Tell Your Lawyer In A DWI Case?

Communicating all aspects of your health and any treatments you’re undergoing to your attorney is vital. This includes medication intake, physical treatments, rehab attendance, or any recent medical diagnoses, as these can all be critical to your defense. Ensure you note down any medications you took on the day and beforehand. Inform your lawyer about all these details.

Independent Blood Test?

If you’ve provided a breath sample to the police, consider securing an independent blood test from a hospital, especially if it is close to your arrest time and the Breathalyzer sample given. Ensure you have a sober person to transport you to the medical facility and back home if you didn’t provide a blood sample during the original arrest encounter.

General Court Matters

While there are procedural and sometimes administrative aspects to your case, like a DWI Refusal Hearing or arraignment paperwork that require scrutiny, it’s fundamental to remember that you have the presumption of innocence. Although the state bears the burden of proof, moving quickly to ensure that you protect yourself against the state and its evidence is crucial. Engaging experienced legal counsel should be your initial step.

How To Choose A New York DWI Defense Attorney

Choosing an attorney for your DWI defense in New York should involve considering those who focus their practice on DWI and Traffic Defense and have tangible experience handling DWIs. Not only should they be adept at managing the specifics of your immediate case, but they should also be able to anticipate and navigate the broader implications this arrest may have on your future.

Does your attorney know the basic but core terms or principles surrounding a DWI case and the general “science” that is often critical to advancing a sound defense? A few essential areas your attorney should have familiarity with to be able to intelligently and cogently respond to include:

• The “cause” ticket or violation levied in the initial stop and its impact on the case (i.e., the observed reason you were stopped.)
• Horizontal Gaze Nystagmus
• Roadside field sobriety tests (fundamentally describe each test and how she or he would defend)
• Probe whether he or she knows the maximum number of hours to administer the breath test from the time of arrest (i.e., within 2 hours)
• Probe if s/he knows the number of minutes the officer must continually observe the defendant prior to giving the test (i.e., 20 minutes)
• How burping and other gastro-intestinal type events can impact or stoke the breathalyzer or intoxilyzer test results
• Ask about partition ratios (i.e., what it means and the actual ratio — 2100:1)
• The concept of “mouth-alcohol” (and how it can impact test results)
• “GERD” – Gastroesophageal Reflux Disease (how this can impact case)

A Bit About The Inniss Firm, PLLC — How I Defend…

I approach every DWI case with a meticulous lens, visiting every scene before trial. It’s embedded in my professional DNA. My background as a former state trooper and investigator makes the “scene” a powerful tool in preparing a defense. The Inniss Firm, PLLC adopts this methodology, utilizing my law enforcement instruction, DWI arrest experience, and extensive legal training to safeguard your rights.

Can You Refuse The Breath Test In New York?

Operating a motor vehicle is more a privilege than a right, a statement you’ll often hear and one that holds truth and accuracy. When you obtained your driver’s license and provided your signature, you gave implied consent to submit to breath, blood, or urine tests to determine your Blood Alcohol Concentration (BAC) when requested by a police officer. Failing to comply with a request for such tests can result in the immediate suspension of your driving privileges and post-DWI arrest, your license may be seized by the judge at arraignment. This seizure, affecting your “property right,” is protected by due process and safeguarded through a Refusal Hearing, wherein the government must prove that police protocols were followed correctly to uphold the seizure and revocation of your driving privileges.

What Happens If You Refuse To Take A Breath Test In New York?

A Refusal Hearing, conducted under the jurisdiction of the State Department of Motor Vehicles, is a civil proceeding before an Administrative Law Judge (ALJ), with the arresting officer typically present to provide testimony about your arrest circumstances. It’s important to note that the legal standard for burden of proof at the Refusal Hearing is “Clear and Convincing,” NOT proof beyond a reasonable doubt. This hearing aims to ascertain whether the arresting officer(s) had valid reasons to stop your vehicle, issued clear warnings about refusal consequences, and whether you willfully refused the test(s). While some defense attorneys might prefer a “Refusal Case” due to lacking BAC evidence, the case largely hinges on the officer’s observations and any admissions you may have made. Moreover, during a Refusal trial, the prosecution can inform the jury or judge—potentially damaging to the defense—that your refusal may be considered as “Consciousness of Guilt.”

Collateral Consequences Of A DWI Arrest

A DWI conviction can bring numerous collateral consequences that impact various facets of your future, depending on several factors that must be considered in your overall case and subsequent decision-making strategy. For instance, international travel plans must be contemplated, especially to countries like Canada that can restrict entry to individuals with DWI convictions. If your pending DWI case is a felony, a guilty plea introduces further considerations, including the potential impact on employment, voting rights, and passport acquisition, among other aspects.

Will A DUI Affect My Professional License?

Holding a professional or trade license—in fields like medicine, law, education, real estate, security, or chiropractic—necessitates considering state reporting requirements to the respective licensing board following an arrest or conviction. This is something you and your attorney should be vigilant about. Similarly, there may be reporting requisites with your employer. Collateral consequences can also extend to areas like life insurance acquisition, college loan applications, and participation in child custody matters. A DWI conviction can potentially influence various scenarios, both immediate and in the future. Your attorney should provide a holistic perspective on possible outcomes and consequences, informing the decision-making process related to plea bargains or trials.

Remember, decisions made during your DWI case should be thorough and consider your current situation and future plans. The inability to foresee and navigate the potential repercussions necessitates an attorney well-versed in this field, considering that your future or family may heavily depend on these legal proceedings and their outcomes.