YES! Your Out-of-State Prior DUI or OUI or DWI conviction CAN BE USED
to charge you with a FELONY DWI
in New York.
New York means serious business. If a prosecutor in NY or a Judge becomes aware of your previous DWI or OUI or DUI conviction in another state within the past 10 years...then they can ENHANCE your DWI charge to a Felony Charge.
If you have any history of drunk driving whatsoever--and you are charged with a new DWI, it is critical that you get an attorney immediately.
As discussed in my previous blog post, if you have been convicted of a DWI (alcohol or drugs) in any state after Nov. 1, 2006, it is in your best interests to REFUSE all tests by the NY police.
-refuse the roadside breath test (PBT)
-refuse the field sobriety tests
-refuse the breath or blood test back at the station
-refuse any examination by a DRE (Drug Recognition Evaluator) at the police station
If you refuse there will be civil financial consequences and you will lose your ability to drive for at least a year...but it may save your freedom.
*This information is provided for educational purposes only. It does not constitute legal advice nor does it create an attorney-client relationship. If you are charged with a crime or a DWI, consult with a local licensed attorney immediately. Do not take general advice from the internet. Hire a professional who can instruct you directly.*
BY: Attorney Mike Cyr
P: 607-229-5184
Twitter: @ithacadwi
