“Common Law” DWI has everything to do with police officer observation and testimony. Many of our clients are surprised that they were charged with DWI, even if they refused to blow into a breathalyzer at the police station. Even without any evidence of the Blood Alcohol Content (B.A.C.), a police officer can still charge someone …
What Is a DWI “Per Se” in New York?
In New York, a DWI “per se” (Driving While Intoxicated per se) refers to a specific type of drunk driving offense. “Per se” means “in itself” or “by itself,” and in the context of DWI laws, it means that a person can be charged with DWI solely based on the results of a chemical test …
What Is a Per Se Offense in New York?
In New York, a “per se” offense refers to a type of legal violation where the act of violating a specific law is inherently illegal without the need to prove additional elements or circumstances. In the context of criminal law, “per se” offenses typically involve actions or behaviors that are considered illegal by statute, regardless …
What does Per Se Limit Mean in New York?
In New York, the term “per se limit” typically refers to the legal threshold or specific measurement that defines when a certain offense is committed. It is often associated with laws related to alcohol and drug use, particularly in cases involving impaired driving. For example, in the context of drunk driving (DWI) laws, the per …
Will My DWI Charge Be Worse If There Was a Child in the Car?
Yes, in many jurisdictions, including New York, a DWI (Driving While Intoxicated) charge can be more severe if there was a child in the car at the time of the offense. This is often referred to as “aggravated DWI with a child” or a similar term, and it typically results in enhanced penalties compared to …
What Is a Common Law DWI?
A “Common Law DWI” typically refers to a charge of driving while intoxicated (DWI) or driving under the influence (DUI) based on common law principles rather than statutory law or specific blood alcohol concentration (BAC) levels. Common law DWI is a legal concept that relies on evidence of impairment observed by a police officer rather …
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