Please provide additional information to allow the attorneys to answer this question.
For starters, when was the DWI conviction? Are there any other prior driving while suspended convictions, etc.?
Thanks and good luck.
The distinction is with a DWAI, which is driving while ability impaired. A DWAI is a traffic infraction and not a crime. New York refers to the "crime" of driving while intoxicated commonly referred to as DWI. There is no real difference in the law between DWI and DUI. The real difference is as stated above between a DWI/DUI and DWAI.
I hope that this explanation helps.
Speaking with a detective without an attorney present with you is a bad idea. Speaking with a detective with an attorney is not a good idea either. You would want an attorney to contact the detective on your behalf to arrange a surrender if the detective wishes to arrest you. The attorney should make it clear that you will NOT be answering questions or making any statements to any police officer or detective. Those are your rights. Try to get an attorney from legal aid to go with you if...
Chemical test refusal hearings can be won. It depends on the facts of your case. Please contact an experienced DWI attorney to go over the police reports and the facts. If you win the hearing then you will not be subject to the suspension.
It sounds like things ended badly between you and your ex. This forum is not the place for that type of advise. That being said, any communication that you have that could be construed as offensive, disturbing or upsetting must be avoided as it may be construed as harassment.
Having an attorney review the case would be advisable so that all your rights are protected. An attorney experienced in criminal law and procedure could analyze the facts of the case including the reason for the stop, the search and any statements that where made to the police that can be challenged in court to further advise you as to whether you should apply for the conditional discharge, challenge the stop and search, take the case to trial or try to negotiate some other disposition....
The charges that you have mentioned are serious. You should consult with a few attorneys to get an idea which attorney you are comfortable working with and yes you should hire an attorney for this matter.
Based upon the little information that you have provided, if you were charged with a DUI and never appeared to answer the charge, you would have an obligation to contact the court and arrange to appear in court to answer the charge.
You should consult and hire a local attorney to assist you in this matter.