Lisa Pelosi: The general rule should be a client should be completely honest with the attorney and the attorney will cut them off if there’s information that the attorney might not want to have. It’s only to a client’s benefit to be honest with the attorney.
If another Motorist or a Pedestrian Is Harmed as a Result of DWI, the Charges Can Escalate to a Felony
Interviewer: What happens in the situation that someone is seriously harmed as a result of a DUI like a passenger or someone else in another vehicle? What would happen in that case?
Lisa Pelosi: Obviously, that’s much more serious case. Depending on it would aggravate the charge to a felony; potentially it could be a negligent homicide depending on the injuries or if the injuries turned into a death. Then there would be civil consequences as well.
That’s why the government is really dealing with drunk drivers in a really serious fashion because of the potential consequences.
Having a Minor in the Vehicle During a DWI Arrest Can Cause Custody Issues and Aggravate the Drunk Driving Offense
Interviewer: What if there’s someone like a minor in your vehicle? What happens in that case?
Lisa Pelosi: If you have a minor in the vehicle and you’re driving while intoxicated or impaired, the government can take away your child and put them in foster care and additional charges would be brought against you such as endangering the welfare of a child and it also aggravates the level of drunk driving case to a higher level because you’re being totally irresponsible by, A, driving drunk and, B, by driving drunk with minors in the car who can’t protect themselves by asking to get out of the car.
Social Media Can Have a Negative Impact on Your DWI Case
Interviewer: Do you ever have cases where social media ever comes into play?
Lisa Pelosi: Social media, if a prosecutor sees you at a party kind of looking pretty drunk. That’s something that could be used at trial against you for the prosecutor to prove your appearance. It’s giving the jury a look at what you look like the way that when the date that the officer saw you and arrested you.
You have to be careful with social media what you post in general, but specifically, if we’re discussing drunken driving charges that will be something that could harm you.
Are There Any Mitigating Factors for DWI Charges in New York?
Interviewer: Is there anything that someone should bring up to you that could help your case maybe like any sort of medical disorders or conditions?
Lisa Pelosi: Yes. Sometimes, people will come to me and they’ll say, “Hey, I had a beer. Really and truly, I just had one beer but I just started taking certain medication.” That could mitigate the case if it’s taken the prosecutor. That would be something that a good attorney would do for a client and that’s why letting the attorney know if you’re on any prescription drugs or something like that that might have had an effect on you.
Blowing Below a .08 on the Breathalyzer Often Results in a Lesser Charge of Impairment
Interviewer: What’s the standard, .08 on the breathalyzer?
Lisa Pelosi: Yes.
Interviewer: What happens if someone blows below that?
Lisa Pelosi: Then they will be considered to be impaired and not driving while intoxicated. A lot of prosecutor’s office will give them a violation and it won’t have any impact on the person’s life.
