Sam Maislin is an attorney who focuses on DWI in Amherst, Cheektowaga, Tonawanda, West Seneca, Clarence, Grand Island, Orchard Park Kenmore, Hamburg, Depew and Buffalo, New York. His Experience speaks for itself. His background, experience and knowledge of the Drinking and Driving Laws in the State of New York make him a most qualified Buffalo DWI lawyer.
When choosing a Buffalo DWI Lawyer, DUI or DWI Attorney in Buffalo or in the Western New York area, it is important to know the credentials of the Attorney and his Experience. Sam Maislin will take you into the courtroom and help defend your DWI or DUI Offense.
Some of the Consequences are listed below:
DWI Driving While Intoxicated: a Crime; 6 month minimum license revocation, minimum mandatory fine of $500; possilbe suspension or revocation the first time you appear in Court
DUI Driving Under the Influence, sometimes refereed to as Driving While Impaired: (alcohol) a traffic infraction 90 day license suspension, minimum mandatory fine of $300
DWI Driving While Impaired by Drugs: 6 month mandatory minimum license revocation, minimum mandatory fine $500
There are additional consequences and penalties.
What if you arrested for the above and you are under the age of 21, when in fact you are not even allowed by law to drink, and you drink and now drive?
What if you are arrested for an alcohol offense in your private vehicle and you have a C.D.L., a Commercial Drivers License?
Did you know that all C.D.L. convictions are nationally reported.
A point to remember! Should a conviction result for any alcohol driving offense, the second conviction within certain time frames dictates greater sanctions and penalties. It is like a stepladder. The only way to arrive at the top, the most serious charge, is to step on each rung or having been convicted, or having a “prior” alcohol conviction, within certain timeframes.
Should I take the test? What test? Breathe test; Blood Test; Urine Test; Should I take the other tests?
What Tests?
Walk and Turn
Heal to Toe
Finger to Nose
Alphabet Test
Finger Count
Horizontal Gaze Nystagmus
Rhomberg Test
One Leg Stand
Should I answer the Officers Questions? What Questions? Where have you been? Where are you going? What have you had to drink? Is the Officer interested in assisting you home or to jail?
We have heard it all. The number of arrested have increased. The number of convictions has increased. The legislature is cracking down on drunken drivers.
Prior to 1966 the legal limit for DWI was .15%
In 1966 the legal limit was lowered to .10% or by 1/3
In 2003 the legal limit was again reduced to .08% or by 20%
So you say, I won’t take the test. OK.. At your first appearance in Court, the Judge is REQUIRED to immediately revoke your license. But what if you claim, as the U.S. Constitution states that you’re still innocent, “right Judge”. Right says the Judge.
But in the case of an alcoholic arrest, we rather be safe than sorry. SO, license gone and you are entitled to a hearing… a mini-trial. But not at the Court. Not immediately. You can’t pass go. You can’t get your license back, yet. The mini-trial will be scheduled at the Department of Motor Vehicles at some other location within 10 days. AND let’s assume you have a hearing and the Judge at the mini-trial determines you refused to take the test. Guess what the mandatory punishment is? 1 YEAR REVOCATION. This has nothing to do with the Court matter. This is separate than the Court matter. Even if we now WIN at Court, your license has been REVOKED for 1 YEAR by the N.Y.S. Department of Motor Vehicles. You can't go to DWI school because you won at Court. You therefore do not need counselling. BUT since you refused the test and lost at the hearing, your license is revoked!
Fair system isn't it! Don’t drive during this time. If you do, and are caught, a mandatory jail term will be imposed.
Sam Maislin, Esq.
716-631-4772
Former JUDGE
Former ASSISTANT DISTRICT ATTORNEY
Former CRIMINAL JUSTICE PROFESSOR
AUTHOR
Former STATE INVESTIGATOR
September 2008 rated "Well Qualified" for the Office of NYS Supreme Court Justice by the Bar Associaiton of Erie County
A First Time United States National DWI Law .08 or above = A Crime
DUI = .05 - .07 and is considered a Traffic Infraction and a mandatory minimum suspended Licence for 90 Days results.
As of November 2006, .18 or greater Blood Alcohol Content is now Aggravated DWI and mandatory greater fines and sanctions.
Greater Consequences result such as:
1.) A crime
2.) 1 year revocation of license.
3.) Mandatory minimum fine of $1,000.00.
(All Photos contain dramatizations)
Why are we changing the law? Are we today more prone to become intoxicated then we were in 1965, 1966 or 2002?
The penalties have increased as well.
The plea bargaining has decreased as well.
More drivers are now made criminals.
More driving privileges have been taken away.
According to NYS Department of Motor Vehicles, driving is a privilege. It is not a right. So…. Loosing your license is not so terrible. YET..
If your license is suspended or revoked because of an alcohol conviction, the legislature has dictated that a mandatory consequences must be imposed AND, no plea bargaining.
Additionally, if you drink in excess ????, does this mean DWI or DUI as noted above, not really. We mean excess, well if your test reading (blood/alcohol) is .18% or greater, this is now called Aggravated Driving While Intoxicated and additional penalties are imposed. Our legislature has saw fit to impose even greater mandatory punishments and additional penalties, including the provision of No plea bargaining. This new law developed in November 2006 requires your “privilege to drive be revoked for 1 year." How about an ignition interlock required on your car with you footing the cost of at least $75.00 per month on all cars registered in your name even if your "privilege" is revoked and you cannot drive plus a monthly upkeep of such device of $75.00 plus! Who pays? Guess!
TAXING THE "OFFENDER" AS OF AUGUST 1, 2008 Court costs have risen dramatically: conviction 1192-3 was $190 now $395//1192-1 was $85 now $255
Amherst, Williamsville, Cheektowaga, Tonawanda, North Tonawanda, East Aurora, Niagara Falls, Clarence, Lackawanna, West Seneca, Lockport, Eden, Hamburg, Orchard Park, Grand Island, Kenmore, Depew, Lancaster.
