An interview I did with Steve Sleeper from the “Ask A Lawyer” podcast.
Key Takeaways
- DWI cases in NY rarely go to trial (<1%) due to laws favoring prosecution and incentives to
plea - First-time DWI offenders should generally hire an attorney to navigate plea deals and
minimize penalties - Chemical tests (breathalyzer/blood) are key evidence; refusing has serious consequences
but may be strategic in rare cases - DWI convictions are increasingly impacting immigration status, even for minor offenses
Topics
Attorney Background and Practice
- Evan Zucker practices in Goshen, NY since 2013, focusing on family and criminal law,
especially DWIs - Works in a 250-year-old building on “Lawyer’s Row” with 2 paralegals
- Started as an art student before becoming a lawyer “by accident”
Choosing a DWI Attorney
- Look for community integration and 5-10+ years of local experience
- Importance varies by region (e.g. Westchester vs. Orange County)
- Understanding local “deal systems” and DA relationships is crucial
- Trial experience matters less as most cases don’t go to trial
DWI Arrest Process and Rights
- Cooperate with police, saying “Yes sir/ma’am, No sir/ma’am”
- Right to remain silent exists but rarely practical to exercise during stop
- Can refuse field sobriety tests, but generally inadvisable
- Chemical test refusal possible but has serious consequences
Chemical Tests and Evidence
- Preliminary Breath Test (PBT) on roadside not admissible in court
- Official chemical test at station (breathalyzer) or hospital (blood test) is key evidence
- Blood tests more common for suspected drug influence
- Discovery includes test results, police reports, body cam footage
DWI Penalties in New York
- DWAI (lowest): 90-day suspension, $560-$760 fine, classes
- DWI (1192.2/1192.3): 6-month suspension, $900-$1400 fine, interlock device
- Aggravated DWI (0.18+ BAC): Same as DWI but higher fines (up to $2500)
- Felony DWI: For repeat offenders or with child in car, possible jail time
Drug DUIs and Challenges
- Generally similar to alcohol DWIs in prosecution
- Chemical test crucial; type of test (active ingredient vs. metabolite) can impact case
- Marijuana cases can be complex due to lingering THC in frequent users
- Immigration Impacts
- Increasingly serious consequences, even for minor offenses
- Undocumented individuals at risk of deportation for DWIs
- Legal Permanent Residents (LPRs) should consult immigration specialists
- Cultural differences in alcohol norms can lead to surprises for immigrants
Next Steps
- Steve will produce and share the podcast episode link and embed code
- Evan can use the content for social media, blog, or professional bio
- Steve will provide information on submitting to Google News
- Steve will send monthly dessert recipe postcards as part of networking