Albany DWI Lawyer
Anelli Xavier is a team of highly motivated and experienced Capital District DWI attorneys who are committed to obtaining the best possible result for each of our clients and ensuring that our clients have the information necessary to make informed and meaningful decisions about their own Albany driving while intoxicated arrest.
Tom Anelli, the “DWI Guy,” a nationally known DWI defense attorney, personally assembled Anelli Xavier’s team of capable Albany DWI attorneys from former prosecutors and experienced criminal defense attorneys to form what he believes is one of the most powerful collections of drunk driving attorneys in the entire Capital District and throughout the State of New York.
At Anelli Xavier, drunk driving defense is all we do. By only practicing driving while intoxicated defense, the Albany drunk driving attorneys at Anelli Xavier have been able to develop extensive knowledge of the complex science used by prosecutors to prove drunk driving cases and the complicated laws which govern DWI penalties.
If you or someone you love has been charged with a DWI, then you are not alone. We can help. Contact us today to discuss your case free of charge at: 1-877-394-3476. Let our team provide the assistance you both need and deserve. We look forward to serving you in Albany and throughout the Capitol District.
Anelli Xavier in the Media Tom Anelli, DWI Guy, and the team at Anelli Xavier have been featured in numerous media outlets. To view our complete media library, click here.
Help You Understand Your Pending Albany DWI Charge
We understand that most people, who have an Albany drunk driving arrest, have never been arrested before and their DWI charge will likely be their first encounter with the criminal courts in the Capital District.
Having never before been charged with a crime, it is not unusual for a person in this situation to feel overwhelmed by the continuous and unfamiliar events that occur during the defense of a Capital District DWI charge. For this reason, the Albany DWI attorneys at Anelli Xavier are committed to educating our clients about their Capital District driving while intoxicated charge so that they will have the information necessary to both understand the charges pending against them and the ability to actively participate in their own defense.
Our Albany DWI lawyers are especially dedicated to providing exceptional legal representation to clients with prior DWI convictions who have a current pending Albany drunk driving arrest. Because prosecutors will likely seek more sever punishments in these cases, it is important for an accused who was previously convicted of DWI to be represented by a capable Capital District drunk driving attorney.
Criminal Defense of an Albany DWI Arrest
The team of Albany DWI attorneys at Anelli Xavier have the knowledge and experience necessary to obtain the best possible outcome for your Capital District drunk driving arrest. Please contact us today for your FREE DWI case evaluation.
We represent clients charged with driving while intoxicated (DWI) throughout all of the Capital District, including Albany County Court, Rensselaer County Court, Saratoga County Court, Schenectady County Court, Columbia County Court, Essex County Court, Greene County Court, Ulster County Court, Dutchess County Court, Albany City Court, Saratoga Springs City Court, Poughkeepsie City Court, Kingston City Court, Troy City Court, Schenectady City Court, Halfmoon Town Court, Colonie Town Court, Guilderland Town Court, Bethlehem Town Court, and Niskayuna Town Court.
Recent Albany News
Motor vehicle crashes, many of which are alcohol related, account for a very high percentage of injuries and deaths among young people. The organization Mothers Against Drunk Driving (MADD) focuses much of its legislative lobbying efforts on the issue of teenage drunk driving. Prior to the mid-1980’s, the minimum drinking age from state to state varied between eighteen years to twenty-one years. Because youth between the ages of fifteen and twenty make up the largest percentage of alcohol-related fatalities, MADD lobbied for laws to raise the minimum legal drinking age to twenty-one. This legislation was signed into law in 1984 and by 1988, all fifty states had complied.
In 1995, President Bill Clinton signed legislation that encouraged states to enact “zero tolerance” laws, which made it illegal for individuals under the age of twenty-one to drive after drinking any alcohol at all. By 1998, all states had complied by passing such legislation. Under New York’s Zero Tolerance law, any person under the age of twenty-one who drives with a blood alcohol content of .02 percent or more may have their driver’s license revoked for at least six months. If the minor is convicted and is adjudicated a youthful offender for DWI, the revocation period is at least one year. If the minor has a prior DWI offense, the revocation period will be at least one year or until the minor reaches the age of twenty-one, whichever period is greater.
As of 1996, in all states it became illegal to sell alcohol to persons under the age of twenty-one. It is illegal In New York for anyone under the age of twenty-one to possess alcohol with the intent to consume it. It is also against the law for anyone under the age of twenty-one to use fake identification to purchase alcohol. Tampering with a New York State driver’s license can result in the loss of that license for 90 days.
Private individuals can be sued if they provide alcohol to anyone under the age of twenty-one and subsequently, the minor then injures others. Parents or guardians in New York can provide alcohol to their children, but only in their home. Businesses selling alcohol to people under the age of twenty-one can be sued for injuries to third persons as a result of the minor’s actions. The New York State Liquor Authority is responsible for taking action against licensees who violate the minimum drinking age law. Following an administrative hearing, the State Liquor Authority may revoke, cancel or suspend a license to sell alcoholic beverages and impose a penalty against the licensee of up to a $1,000 bond for a violation of these laws. read more »
Drinking and driving can lead drivers to engage in especially dangerous activity, such as speeding, erratically changing lanes, and driving the wrong way down streets or highways. Fox23news.com reports that a 47-year-old New York woman did just that this week, resulting in her arrest and serious DWI charges . Melissa Riccio, the driver from Kingston, was driving the wrong way on a New York highway when troopers received reports regarding her hazardous driving. Troopers arrested Ms. Riccio, and later determined that she had been driving with a blood alcohol content of .20 percent, which is more than double the legal limit under New York‘s DWI law . Ms. Riccio was also driving with a suspended license. Ultimately, Ms. Riccio was charged with aggravated DWI and aggravated unlicensed operation, as well as reckless endangerment.
It is very fortunate that no one was injured in Ms. Riccio’s case. Not long ago, New York experienced a tragic event involving wrong-way driving, in which multiple lives were lost. ABCnews.com recounts the terrible incident, which happened in during the summer of 2009 when Diane Schuler was driving her two children and three nieces home to Long Island from a camping trip in upstate New York. According to reports, Ms. Schuler appeared to be entirely normal, and then all of the sudden began to drive erratically down the Taconic State Parkway. She drove over the median several times on the parkway, which gained much attention from fellow motorists who reported her driving. Then, she began driving the wrong way down the parkway at over 85 miles per hour. Ms. Schuler then smashed into an oncoming SUV, killing all three occupants, as well as her daughter, her three nieces, and herself. The SUV had been traveling at 74 miles per hour. The only survivor of the crash was Ms. Schuler’s young son.
Surveillance videos reviewed after the horrific accident showed Ms. Schuler acting sober and normal when she stopped at a gas station on the way home. However, an autopsy report revealed that Ms. Schuler’s blood alcohol level was 2 ½ times the legal limit, and indicated that she had smoked marijuana within an hour of the accident. The autopsy was consistent with the fact that a smashed bottle of Absolut Vodka was found inside the minivan that she had been driving. Family members and professionals had postulated that it had to have been something else that caused Ms. Schuler’s fatal behavior, such as a stroke or heart attack. Ms. Schuler’s family maintained that they could not believe that she would drink, take drugs and drive, especially with children in the car. read more »
The National Transportation Safety Board lashed out against drunk driving this week, making recommendations regarding DWI laws through a safety report on Tuesday. USA TODAY reports that the NTSB called upon states and the federal government to reduce the blood alcohol level of per se DWI charges from 0.08% to 0.05%. This would mean that a driver with a BAC of 0.05% or above could be charged with DWI. The NTSB cited the successful drop in DWI-related accidents in Europe in making its recommendation. The European Union cut alcohol-related deaths by half in 2010 by reducing the BAC level for DWI charges, and now seeks to cut its current death rate again over the next ten years. The NTSB also noted that the United States is one of only a few developed countries in the world that still follows the 0.08% level. Over 100 countries follow the 0.05% BAC standard for per se DWI charges. According to the NTSB’s report, the risk of a DWI-related crash at 0.05% BAC is approximately half that at the 0.08% BAC level.
According to Mercury News, the NTSB’s past recommendations have included ignition interlock devices for all drivers convicted of violating DWI laws as a condition to driving. The NTSB pushed the National Highway Safety Administration to develop a program that would have states ensure that the ignition interlock devices are actually used by convicted drunk drivers. The article notes that currently approximately one fourth of those drivers ordered to install ignition interlock devices actually use them. This is due to the fact that drivers can find a way to circumvent using the devices.
The USA Today report mentioned that the NTSB was the original promoter of the 0.08% per se DWI alcohol limit, which is now the norm throughout the United States. The NTSB recommended the 0.08% limit in 1982, when the per se DWI level was 0.10%. Since that time, DWI-related accidents have significantly declined.
Like all other U.S. states, the BAC level of a per se DWI in New York is 0.08%. At that level, under the New York Vehicle and Traffic law, without additional aggravating factors, a driver may be convicted of a misdemeanor, which results in a criminal record. The penalty may include up to one year imprisonment, a fine of up to $1,000, installation of an ignition interlock device and up to a six month license revocation. However, cases vary and penalties may be greater if there are aggravating factors present. read more »
Students in Canton, New York, got a first-hand glimpse at the serious consequences of violating DWI laws. According to the Watertown Daily Times, students in the Canton Central School District were exposed to a live display of the horrors of drinking and driving, and texting while driving. The message of the seriousness of distracted and drunk driving came just in time for prom season, a time that community leaders believes is especially dangerous for teen drivers. The display included a mock car crash, with two dead and three injured, and beer cans and fake blood completing the scene. A local judge, funeral service and police officers were brought in to make the experience more realistic. The role-play’s teen drunk driver was charged with DWI, DWI with passengers under fifteen years or younger, two counts of felony manslaughter, and using a cellphone while driving.
New York is not the only state that should be concerned about teen drinking and driving and texting while driving. Drunk and distracted driving by teenagers has become a nationwide problem. Fox News 44 reported in May that a seventeen-year-old Burlington, Vermont, man was charged with DWI resulting in death for an accident in which the passenger riding in his vehicle was killed. The young man was allegedly driving drunk and ran into a utility pole, which caused his vehicle to catch fire.
A serious accident that occurred in Texas in March of this year is also believed to have been caused by teen drinking and driving and texting while driving. In that case, WSOCTV reports, the teen driver was texting while driving, and allowed her passenger-friend to steer the wheel of the vehicle. The truck flew off of the road, taking down a road sign and rolling down a hill. The teen driver was also allegedly intoxicated at the time of the accident.
The Parent Herald echoed concerns regarding teen drinking and driving and texting while driving in a report this month, stating that car crashes remain one of the top causes of death among America’s teenage population. The report noted that the National Highway Traffic Safety Administration estimates that approximately 1,963 teen drivers between the ages of 15 and 20-years-old died in 2010 from vehicle crashes, while 187,000 were injured. The report also mentioned that the risks associated with texting while driving have become higher than that of driving while intoxicated, and those teens who text while driving are two to three times more likely to be in a motor vehicle accident. read more »
Below is a recent case result. Although the results of actual cases may be displayed, Anelli Xavier cannot represent such results to be indicative of those that may be obtained in any particular case.
People vs. A.W.
Lake George, NY
“My attorney was always in control. Of course, with every court appearance, I was nervous but my attorney always reassured me that I needed need to be and just smile! The firm knows what they’re doing. Always comfortable, like a family member helping out.”
If you have a DWI charge in Albany, contact us today to see how we can help you: DWI Attorney Albany.
Albany DWI Lawyer
“I would like to extend my sincere appreciation for the wonderful job you performed with my case. I called you and explained my case to you and told you what I expected an you rose to the occasion. I am very satisfied with the results and would recommend anyone in need of services to call you. You have been wonderful with keeping me informed throughout and most of all explaining the charges and detailed consequences. Even in my most vulnerable moments you kept me on track with hope but with reality. Again, thank you for all you help, it was well worth my expense to have you serve as my lawyer.”
Albany DWI Lawyer Review
Written by: L.C.
Date Published: 06/01/2013
Albany DWI Defense
5 / 5 stars