DWI Information

Dear Sir or Madam:
As a result of your arrest for Driving While Intoxicated, you are going to have numerous questions that need to be answered by me or other members of our law firm. Our
firm has learned over the years, however, that certain questions are often asked by clients who are charged with an alcohol-related offense. When reviewing this
information, please be aware that many changes to the law surrounding DWI prosecutions became effective November 1, 2006. As a result, this new legislation have not
been reviewed by the courts. Therefore, our legal advice on these topics may change as the justice system provides us with guidance on the new areas of law.

Discussed below are several of the most commonly asked questions and concerns that arise in DWI cases. Please review this information, along with the accompanying
chart, so that you have a better understanding of your case and the penalties that could be imposed should there be a conviction under any section of VTL § 1192.

SUSPENSIONS PENDING PROSECUTION (NY VTL § 1193[2](e)(7))
If you submitted to a chemical test of your blood (the most common method being a breath test) and "scored" .08 BAC or more, you license shall be suspended at
arraignment.

If you had a valid driver's license prior to the suspension pending prosecution and did not have a prior conviction for Driving While Intoxicated or Impaired, or complete
the Drinking Driver Program within the proceeding five (5) years, you may be eligible for a conditional license after the expiration of 30 days. The conditional license
will be issued by the Department of Motor Vehicles. Please discuss this issue with me should you have any questions.

THE HARDSHIP LICENSE
Sometimes a driver may be eligible for a hardship license. The court which conducts your arraignment will decide your eligibility for this limited license. To be eligible,
the court must determine that you will be subject to “extreme hardship” without this license. NY VTL § 1193[2](e)(7)e defines “extreme hardship” as:
...the inability to obtain alternative means of travel to or from the licensee’s employment, or
to or from necessary medical treatment for the licensee or a member of the licensee’s household, or if the licensee is a matriculating student enrolled in an accredited
school, college or university travel to or from such licensee’s school, college or university if such travel is necessary for the completion of the educational degree or
certificate.

This license only allows the driver to operate their vehicle to and from their place of employment. It does not allow a driver to operate a vehicle for work. ADWI, DWI vs.
DWAI

Accompanying this letter is a chart which sets forth the mandatory minimum and maximum penalties that a court may impose should there be a conviction for an
alcohol-related offense. You should review this chart to determine the potential penalties that may be imposed upon you. Be certain that you consider any prior
alcohol-related convictions when utilizing the chart. Also, please pay particular attention to the additional fees that can be imposed by the Department of Motor Vehicles,
should you sustain an alcohol-related conviction.

As of November 1, 2006, if your BAC was .18% or higher, you are now facing a charge called Aggravated Driving While Intoxicated, which, like Driving While
Intoxicated, is an unclassified misdemeanor. This charge does, however, carry stiffer fines and harsher sanctions to your driver license.

If you are uncertain as to whether or not you have sustained a prior alcohol-related conviction (or the type of conviction), please let us know, and we will make
arrangements with the Department of Motor Vehicles to obtain a printout of your driving history. If you had a prior alcohol-related conviction in another state, please
let us know so that we can determine its impact upon your current charge. Such a conviction will normally show up on a criminal record check.

CHEMICAL TEST REFUSALS (NY VTL § 1194)
It is important to understand that there are two types of breath tests. If you refuse a "screening test" prior to an arrest, you may be issued a ticket and, if convicted, be
fined for refusing. After an arrest, you may be requested to take a chemical test. This test, which is usually a breath test but may also be a test of blood, urine, or saliva, is
the test used as evidence in court. If you "refuse" to take this chemical test, there is a different set of penalties.

A chemical test refusal mandates suspension of your license at your arraignment, which usually occurs at your first appearance before a judge. At your arraignment the
judge will direct that you provide him or her with your driver's license. Thereafter, the court will mail your license to the Department of Motor Vehicles in Albany, NY.

Although there is no hearing associated with the judicial suspension of your license, the court will schedule a "refusal hearing" with the Department of Motor Vehicles.
This hearing must be scheduled within 15 days of your arraignment or your license will be reinstated by the Department of Motor Vehicles.

A refusal hearing is an evidentiary proceeding conducted before an Administrative Law Judge. If the Administrative Law Judge concludes that you, in fact, refused to take
a chemical test as requested by a member of law enforcement, then your license must be revoked for a minimum of one (1) year.

In addition to revocation of your license, you will be required to pay a $500.00 civil penalty prior to restoration of your "full" driving privileges pursuant to NY VTL §
1194[2](d)(2). A refusal adjudication will also affect future suspensions and revocations arising out of unrelated alcohol-related convictions. For instance, a second
chemical test refusal within five years of an initial refusal or alcohol conviction carries an enhanced civil penalty of $750.00. More serious, however is the fact that a
second refusal revocation within five years of a previous alcohol violation or refusal results in a mandatory minimum eighteen month revocation of your
license.

If your license is "revoked" by the administrative law judge at the refusal hearing, it means your license is canceled. To get a new license, you must re-apply to the
Department of Motor Vehicles once the revocation period is over. The Department of Motor Vehicles will decide whether or not you will be issued a new license.

You do not have an absolute right to speak to an attorney before agreeing to submit to a breath test. Instead, in New York State you have a qualified right to speak with an
attorney. In People v. Gursey, 22 NY2d 224, 292 NYS2d 416, 239 NE2d 351 (1968), the New York State Court of Appeals held:

Where the defendant wishes only to telephone his lawyer or consult with a lawyer present in the station house or immediately available there, no danger of delay is posed.
But, to be sure, there can be no recognition of an absolute right to refuse the test until a lawyer reaches the scene. Gursey at p. 229. A New York State Appellate Division
court ruled in 1994 that a motorist who sought to first consult with his attorney before submitting to a test was, in essence, refusing.

THE DRINKING DRIVER PROGRAM (NY VTL § 1196)
If this is your first alcohol-related arrest, and you are convicted of either DWI or DWAI, then you are eligible to participate in the New York State Drinking Driver
Program (DDP). This program consists of weekly classes for approximately seven weeks and involves a total of approximately fifteen (15) classroom hours.
The cost to enroll in the DDP is approximately $175.00. Participation in the DDP is limited. Repeat offenders are not permitted to participate in the program if the
time from their prior completion of the program to the date of their next arrest is less than five years. The five years runs from the date the DDP was completed until the
date of the most recent arrest. It does not run from the date of your last conviction.

THE CONDITIONAL LICENSE
If you are permitted to participate in the DDP, then, absent any aggravating factors, you are also eligible for a conditional license. Although there are limitations imposed
on the holder of a conditional license, it does allow you to drive under the following conditions:

a. To and from your employment and during employment when required;
b. To and from a class or activity that is part of your rehabilitation program;
c. To and from classes at an accredited school or vocational institute;
d. To and from any court ordered probation activities;
e. To and from the DMV for the transaction of business associated with the license or program;
f. To and from medical treatment for yourself or a member of your household (requires a letter
from a licensed medical practitioner);
g. During a period of three consecutive daytime hours;
h. To and from a place, including a school, where your children are cared for and that is necessary to maintain your employment or enrollment in school.
(See Section 1196[7](a) of the Vehicle and Traffic Law.)

The cost for the conditional license is approximately $75.00; this is in addition to the fee to enroll in the DDP. It will cost you an additional $25.00 to return your
conditional license to the DMV.

One third of all DDP attendees are sent for additional assessments and/or treatment. If the Department of Motor Vehicles determines that he/she is in need of additional
counseling, failure to complete that treatment will result in the revocation of all driving privileges including a conditional license.

DRUG COURT PROGRAMS
Several courts in New York State now have "drug court" programs. Some individuals arrested for alcohol-related driving offenses may be eligible for the programs; the
specific criteria necessary to enter varies from court to court. Also, some courts may strongly encourage participation in a drug court program as a way to
avoid incarceration.

Drug court programs divert the defendant, while the charge remains pending, into an intensive, court-monitored program of group and individual counseling. The
defendant waives his or her constitutional rights and consents to such conditions as random breath tests and regularly reporting to the court. The length of this
program varies, but it typically lasts from six to twelve months. If the defendant fails to comply with the conditions of the program, there are several different sanctions,
including jail time, that may be imposed. If the defendant successfully completes the program, he or she usually will receive a lesser sentence.

MANDATORY INCARCERATION OR COMMUNITY SERVICE FOR SOME REPEAT OFFENDERS
Section 1193[1-a] the Vehicle and Traffic Law requires mandatory incarceration or the performance of community service by individuals convicted of Driving While
Intoxicated or Driving with .08% or Greater BAC who also have one or more prior convictions for those offenses within the previous five years. The length of mandatory
incarceration or community service depends on the number of prior convictions as set forth below:

If you have one or more prior convictions for Driving While Intoxicated or Driving with .08% or Greater BAC within the past five years, please contact my office. We
can provide you with suggestions regarding where to perform community service.

IGNITION INTERLOCK DEVICE
An “ignition interlock device” is, to put it simply, a breath test machine attached to the ignition of an automobile. The driver must blow into the device and register no
alcohol in his or her breath before being able to start the car.

If you are convicted of Aggravated Driving While Intoxicated and receive a sentence of probation, the court must require that an ignition interlock device be installed
as a condition of your probation.

Also, Section 1193[1-a](c) of the Vehicle and Traffic Law makes ignition interlock devices mandatory for individuals convicted of Driving While Intoxicated or Driving
with .08% or Greater BAC two or more times within five years. This new law requires that ignition interlock devices be attached to all vehicles owned by
the convicted driver. Such devices must remain installed during any period of license revocation. Moreover, after the revocation period has ended, they may remain
installed for an additional period as determined by the court.

If you are required to install such a device, you will be responsible for the installation fee and monthly charge associated with its operation.

MANDATORY ALCOHOL ASSESSMENTS
New York State has enacted a system requiring different levels of alcohol and drug use evaluation and potential treatment for different offenses. At arraignment or, at
the discretion of the court, prior to sentencing, you shall be required undergo either mandatory screening or a mandatory assessment. The details of this system are
broken down below.

Mandatory Screening
First time violators charged with Driving While Ability Impaired by Alcohol, Driving While Intoxicated, or Driving While Intoxicated per se and either had a breath
test result of less than .15% or refused the chemical test, must be screened by treatment professional using a standardized written screening test. If your screening
indicates that you are abusing or dependant upon alcohol or drugs, you then must undergo the mandatory assessment as set forth below.

Mandatory Assessment
You will be required to undergo a mandatory assessment under any of the following circumstances:
1. The screening process set forth above indicates abuse or dependance upon alcohol or drugs;
2. You have been charged with Driving While Intoxicated or Driving While Intoxicated per se
and had a BAC score of .15% or greater;
3.You have been charged with Aggravated Driving While Intoxicated;
4. You have been charged with violating any provision of VTL § 1192 and have either (a) a prior conviction for any provision of VTL § 1192, Vehicular Assault or
Vehicular Manslaughter within the last 5 years, or (b) two such convictions within ten years.

The assessment must be forwarded to you and the court within thirty days. If it indicates that treatment is required, the court must require such treatment as a condition
of any sentence of probation or conditional discharge.

Miscellaneous Provisions regarding Screening/Assessment/Treatment
All screenings and assessments, along with any treatment arising from such assessment, must be conducted by an “alcohol or substance abuse professional” or “licensed
agency” approved by the New York State Office of Alcoholism and Substance Abuse Services. While many alcohol counselors are professionally licensed by
the New York State Education Department and/or approved by the Department of Motor Vehicles, this level of approval is not sufficient to participate in the new
court-mandated program.

In you are allowed to enter a guilty plea to a charge of Driving While Ability Impaired by Alcohol, participation in the Drinking Driver Program shall be considered
compliance with the mandatory treatment program.

Moreover, in addition to requiring the installation of ignition interlock devices in certain cases, Section 1193[1-a](c) of the Vehicle and Traffic Law also requires that,
for defendants convicted of Driving While Intoxicated or Driving with .08% or Greater BAC two or more times within five years, the Court “order that such person
receive an assessment of the degree of their alcohol abuse. Where such assessment indicates the need for treatment, such court is authorized to impose treatment as a
condition of such sentence.”

DRIVER RESPONSIBILITY ASSESSMENT
Section 1199 of the Vehicle and Traffic Law requires that, in addition to any other court imposed fines, a driver convicted of ADWI, DWI, DWAI, or of having refused a
chemical test, must pay a mandatory "driver responsibility assessment" to the Department of Motor Vehicles in the amount of $250 per year for three years. If you are
convicted of any of these offenses, you will be notified by the Department of Motor Vehicles through the US mail regarding the time and manner of making these
payments. Failure to pay any portion of this assessment will result in a suspension of your driver license or, if you do not have a driver license, suspension of your
privilege to obtain a license, until it is paid in full. You may also wish to speak with the DMV about your payment options.

COMMERCIAL DRIVER LICENSE
Section 1196[7](g) of the Vehicle and Traffic Law states:
Notwithstanding anything to the contrary contained in a certificate of relief from disabilities issued pursuant to article twenty-three of the correction law, any
conditional license or privilege issued to a person convicted of a violation of any subdivision of section eleven hundred ninety-two of this article shall not be valid for
the operation of any commercial motor vehicle. In addition, no such conditional license or privilege shall be valid for the operation of a taxicab as defined in this
chapter.

As a result, even if you were not driving a commercial motor vehicle at the time of your arrest, you will be barred from holding a Commercial Driver License if you are
convicted of any alcohol-related driving offense. This bar will remain in affect until your full driving privileges are reinstated.

Obviously, if you need a Commercial Driver License as a part of your job, this law could seriously impact your employment. You should make your attorney aware that
you hold such a license immediately so that you may explore your options. Because the only legal mechanism by which an individual charged with an alcohol-
related offense may continue operating a commercial motor vehicle without interruption is full acquittal from all alcohol-related charges, the need for a Commercial
Driver License may seriously impact the manner in which you choose to proceed with your case. A certificate of relief from disabilities, which may be issued by the
sentencing judge, is not sufficient to have your privilege to drive a commercial motor vehicle reinstated.

Holders of a Commercial Driver License should also be aware that should you refuse to submit to a chemical test, your commercial driving privileges will be revoked
for eighteen months. This revocation applies regardless of whether you were driving a commercial motor vehicle at the time of your arrest and of the
outcome of your case in criminal court.

ALCOHOL-RELATED CONVICTIONS AND YOUR AUTOMOBILE INSURANCE
Suspension or revocation of your driver's license as a result of an alcohol-related conviction is just cause for your insurance company to cancel your automobile
insurance policy.

An alcohol-related conviction increases the probability that your insurance company will not renew your present insurance policy. Assuming no other company agrees
to offer you insurance, you will be relegated to the New York Automobile Insurance Plan (i.e., the "risk pool") at a substantially higher cost. In general,
alcohol-related convictions remain on insurance company records and are used as a factor to determine premiums for between five (5) and ten (10) years.

ENTRY INTO CANADA AND OTHER COUNTRIES
If you are convicted of any alcohol-related offense, you may be barred from entering Canada. Canada generally bars any U.S. citizens who have been convicted of a
misdemeanor from entering their country. Canada has also been known to exclude individuals convicted of Driving While Ability Impaired by Alcohol
(VTL § 1192[1], a traffic infraction) from entering the country.

To obtain entry to Canada following any conviction, you may need to apply for a Minister's Permit with the Canadian Consulate. Approval of this application would
allow you to enter into Canada for a short-term visit. An individual convicted of a crime may not obtain long term entry into Canada until at least five years have
passed from the date his or her sentence was completed. At that time, he or she may apply to the Canadian Consulate for "rehabilitation." If granted rehabilitation, a
U.S. citizen with a criminal record may enter Canada in the same manner as if he or she had no criminal record.

The impact of a conviction upon your ability to enter other foreign countries varies from country to country. If being barred from traveling to a particular country
could have a negative effect on your business or other dealings, you should inform your attorney so that this aspect of your case may be more thoroughly explored.

PISTOL PERMIT
If you hold a pistol permit, the mere fact that you were arrested may result in an immediate suspension of your right to possess a firearm. If you are convicted of any
section of VTL § 1192, a hearing will be held to determine the length of any revocation period. This hearing would be conducted separately from your case and may be
before a judge or a judge's law clerk.

PROFESSIONAL LICENSES
If you hold a professional license, such as a license to practice law, a nursing license, an engineering license, or a certified personal accounting license, you should be
concerned about the potential impact of a conviction on that license. If you hold a professional license, please bring this fact to the attention of your attorney. A
conviction under VTL § 1192 may have to be reported to your professional licensing board and could trigger a hearing before the board to determine if your
professional license should be suspended or revoked. Additionally, financial sanctions may also be imposed. Because of the impact this would have on your career,
it is very important that the regulations surrounding your license and the impact of any conviction be fully examined before any determination is made regarding how
to proceed with your case.

BUSINESS LICENSE
If your business holds a special license issued from a government agency (e.g., the New York State Liquor Authority), a conviction under VTL § 1192 may have adverse
consequences to that license. You should provide a copy of any such license to your attorney so that any potential problem may be explored before your case is
resolved.

FINGERPRINTS AND MUG SHOTS
Pursuant to NY CPL § 160.50, if you are convicted of the violation of driving while ability impaired or driving while intoxicated, your fingerprints and mug shots will
not be returned to you and/or sealed by the court. Rather, they are permanently on file.

JURY DUTY
If you are convicted of Driving While Intoxicated as a felony, you will no longer be eligible for to serve on a jury. This applies to both grand juries and petit (trial)
juries. If you are convicted of Driving While Intoxicated as a misdemeanor or Driving While Ability Impaired by Alcohol (a traffic infraction), it will not impact your
ability to serve as a juror.

CONCLUSION
After reading the information contained in this letter and the accompanying chart, you may have additional questions. We encourage you to contact us with these
questions or any other concerns you may have as a result of your arrest.