DUI / DWI | New York Criminal & Securities Attorney

Are Field Sobriety Test Results Admissible In New York State DWAI and DWI Prosecutions? – A Case Study

Are Field Sobriety Test Results Admissible In New York State DWAI and DWI Prosecutions? – A Case Study

By Kevin J. Deloatch, Esq.|2023-08-30T08:48:13-05:00August 29th, 2023|Tags: admissible, BAC, blood alcohol concentration, BrAC, breath alcohol concentration, breathalyzer, chemical test, chemical test of the breath, crime, criminal record, driving under the influence, driving while ability impaired, driving while intoxicated, drunk driving, DUI, DWAI, DWI, evidence, field sobriety test, HGN, Horizontal Gaze Nystagmus, impaired, misdemeanor, New York, OLS, One Leg Stand test, standardized field sobriety tests, test results, Vehicle and Traffic Law, violation, VTL 1192, Walk and Turn test, WAT|

Are the results of Standardized Field Sobriety tests admissible as evidence in prosecutions for DWAI and DWI in New York State? That is one of the [...]

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The Walk and Turn Standardized Field Sobriety Test Under New York Law

The Walk and Turn Standardized Field Sobriety Test Under New York Law

By Kevin J. Deloatch, Esq.|2023-08-29T13:29:33-05:00August 29th, 2023|Tags: alcohol, arrested, balance, criminal defense attorney, Department of Motor Vehicles, divided attention test, DMV, driving under the influence, DUI, heel to toe, motor skills, National Highway Traffic Safety Administration, New York, NHTSA, procedures, SFST, Standardized Field Sobriety test, suppressed, Walk and Turn test, walking a straight line, WAT|

Have you been arrested for driving under the influence (DUI) in New York state and asked to perform the Walk and Turn (WAT) standardized field sobriety [...]

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The Horizontal Gaze Nystagmus Standardized Field Sobriety Test In New York State – HGN

The Horizontal Gaze Nystagmus Standardized Field Sobriety Test In New York State – HGN

By Kevin J. Deloatch, Esq.|2023-08-30T15:08:51-05:00August 29th, 2023|Tags: driving privilege, driving privileges, driving under the influence, DUI, evidence, HGN, Horizontal Gaze Nystagmus, implied consent, intoxication, involuntary jerking, jerking of the eyes, National Highway Traffic Safety Administration, NHTSA, People v. Hillman, SFST, Standardized Field Sobriety test, standardized field sobriety tests, stimuli, stimulus, under the influence, Vehicle and Traffic Law, VTL 1192|

Have you been arrested for driving under the influence (DUI) in New York state and asked to perform the Horizontal Gaze Nystagmus (HGN) standardized field sobriety [...]

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The Breathalyzer Test and Its Results Under New York State DWAI/DWI Laws

The Breathalyzer Test and Its Results Under New York State DWAI/DWI Laws

By Kevin J. Deloatch, Esq.|2024-06-20T13:18:11-05:00August 29th, 2023|Tags: 10 NYCRR 59.5(b), BAC, blood alcohol concentration, BrAC, breath alcohol concentration, breathalyzer, chemical analysis, chemical test, chemical test of the breath, department of health, Department of Motor Vehicles, DMV, driving under the influence, driving while ability impaired, driving while intoxicated, DUI, DWAI, DWI, felony, metabolized, misdemeanor, National Highway Traffic Safety Administration, New York, NHTSA, proper foundation, SFST, Standardized Field Sobriety test, violation, VTL1192|

Have you been arrested for driving under the influence (DUI) in New York state and asked to take a breathalyzer test? What is a breathalyzer test and [...]

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The One Leg Stand Standardized Field Sobriety Test Under New York Law

The One Leg Stand Standardized Field Sobriety Test Under New York Law

By Kevin J. Deloatch, Esq.|2023-08-29T14:17:01-05:00August 28th, 2023|Tags: arrested, balance, Department of Motor Vehicles, divided attention test, DMV, driving under the influence, DUI, implied consent, National Highway Traffic Safety Administration, New York state, NHTSA, OLS, One Leg Stand test, operating a motor vehicle while under the influence of alcohol or drugs, penalties, raise one foot, SFST, Standardized Field Sobriety test|

Have you been arrested for driving under the influence (DUI) in New York state and asked to perform the One Leg Stand (OLS) standardized field sobriety [...]

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Competent Legal Counsel: Driving While Under the Influence (DUI) in New York

Competent Legal Counsel: Driving While Under the Influence (DUI) in New York

By Kevin J. Deloatch, Esq.|2021-03-02T12:16:33-05:00March 2nd, 2021|Tags: arrested, breathalyzer, charged, criminal defense attorney, driver's license, driving privileges, driving under the influence, DUI, DWI, immigration, New York, operating a motor vehicle while under the influence of alcohol or drugs, VTL 1192|

Being arrested and charged with driving under the influence is an extremely stressful situation. Depending on the facts and circumstances of your arrest and your driving [...]

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Staying Safe This Holiday – DWI and Social Distancing

Staying Safe This Holiday – DWI and Social Distancing

By Kevin J. Deloatch, Esq.|2020-12-05T21:42:53-05:00November 25th, 2020|Tags: .08, chemical test, coronavirus, COVID-19, driving under the influence, driving while ability impaired, DWI, social distancing|

It’s the holiday season again. Although the coronavirus (COVID-19) will prevent many of us from getting together with family, friends and co-workers, there will still be [...]

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Arrested in New York for Driving While Under the Influence of Marijuana

Arrested in New York for Driving While Under the Influence of Marijuana

By Kevin J. Deloatch, Esq.|2020-08-27T15:50:29-05:00August 27th, 2020|Tags: arrested, consumption, driving while ability impaired, driving while impaired, DWAI, DWI, Fifth Amendment, marijuana, New York, probable cause, right to counsel, right to remain silent, Sixth Amendment, stopped, weed|

While medical and recreational marijuana has become legalized in more states, New York's marijuana laws remain mostly intact, with changes focused primarily on medical marijuana. To [...]

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