Criminal Defense FAQs
Straight answers to the questions we get asked most often at Hochhauser Criminal & DWI Defense, drawn from cases in Nassau and Suffolk County District Court. If your question is not here, call 516-939-1529 and ask it directly.
DWI and chemical testing
- Is It Illegal to Drink and Drive in New York?
- What Is “Common Law DWI” in New York?
- Can I Be Charged in New York With DWI for Driving While Impaired by Drugs?
- If I Blew Over the Limit, Does That Mean I Was Over the Limit While I Was Driving?
- What Is “Per SE” DWI in New York?
- Can the Police Force Me to Give a Breath Test?
- Can I Suppress the Reading of My Chemical Breath Test?
- If I Blew Over the Limit, Does That Mean I Was Over the Limit While I Was Driving?
- Can I Be Charge With Driving While Intoxicated If My Car Was Parked?
- Does the “Odor of an Alcoholic Beverage” Mean I’m Intoxicated?
- What Is Driving While “Impaired” in New York?
- Does the Prosecutor Need an Expert to Prove That I’m Intoxicated?
- If I Was a .08 BAC, Does That Mean I’m Intoxicated?
- What Does It Mean to Be “Intoxicated” for a DWI in New York?
- Why Was I Arrested for DWI If My Driving Was Perfect?
- What Are the Legal Elements of DWI in New York?
- Does an Out of State DWI Conviction Make My New York DWI a Felony?
- What Is “Felony DWI” in New York?
- How Much Does a DWI Lawyer Cost in New York?
- What Is “Aggravated DWI” in New York?
- In New York, Is There a DWI Defense of Justification?
- Can I Be Charged With “Attempted” DWI in New York?
- Can I Be Charged in New York With DWI for Driving While Impaired by Drugs?
- What Is “Common Law DWI” in New York?
- Is It Illegal to Drink and Drive in New York?
- What Are the Different Types of Dwi in New York?
Other questions
Looking up a charge code?
If you are holding paperwork with a statute number on it, our New York charge code guide explains what each one means and what it carries.
These answers are general information and not legal advice. Every case turns on its own facts.
Live in New York City? If you were arrested on Long Island but live in Brooklyn, Queens, the Bronx, Manhattan or Staten Island, our guide for New York City residents covers which courthouse has your case, when your lawyer can appear without you, and how to get there from your borough.











