D'Emilia Law

12/19/2025

Refusing a chemical test after a DWI arrest has significant consequences. Do you know your rights and the potential penalties?

Under New York’s implied consent law, refusing a breathalyzer can lead to an automatic license revocation and hefty fines, separate from your criminal case. While a refusal prevents prosecutors from having BAC evidence, it can also be used against you in court as "consciousness of guilt." An experienced attorney can navigate this complex situation, challenge procedural errors, and build a strong defense strategy tailored to your case.

If you are facing a DWI charge, it is crucial to understand your options:

If you’ve been arrested for a DWI, you may wonder whether you should submit to a breathalyzer or other chemical test.

12/03/2025

What makes a DWI checkpoint legal?

DWI checkpoints are temporary roadblocks where law enforcement stops vehicles in a neutral pattern to check for signs of impairment. While legal in New York, these checkpoints must be planned in advance, use a neutral vehicle selection process, ensure stops are brief, and include clear safety measures like signs and flashing lights. If these procedures aren’t followed, any evidence collected may be inadmissible in court.

Learn more about your rights:

DWI checkpoints are a tool used by law enforcement to combat drunk driving. Also referred to as “sobriety checkpoints,” these roadblocks can be set up at any time. However, they are most commonly used at

11/26/2025

How do you defend against allegations that threaten a lifetime of service?

D'Emilia Law is currently defending a Queens high school principal against serious charges of forcible touching and sexual abuse in the third degree. Our client denies these criminal allegations, asserting they are baseless and fabricated by two disgruntled assistant principals who are also personal friends. We are confident the District Attorney's review of the allegations and evidence will fully exonerate our client of these criminal charges.

Read more about this case and our commitment to justice:

D’Emilia Law is representing a long-time Queens high school principal charged with forcible touching and five counts of sexual abuse in the third degree. The allegations were brought by two assistant principals at the school,

11/20/2025

How does a decades-long career of integrity stand against serious allegations? Here's the defense for a Queen's principal accused of forcible touching.

Under New York Penal Law § 130.52, “forcible touching” occurs when someone intentionally and without legitimate purpose touches another’s intimate parts to degrade, abuse, or gratify their own sexual desire, including on public transit. Our client maintains his innocence, is fully cooperating with authorities, and has a decades-long record of serving the community with integrity.

Read more about this case:

D’Emilia law is representing a Queens high school principal who was arrested on charges of forcible touching and sexual abuse in the third degree. The 66 year old was accused by two female teachers at

11/14/2025

Here’s a clear look at how New York’s self-defense law applies in a Grand Central subway incident.

In New York, it’s not just who threw the first punch, but also whether the response was proportionate. There’s also generally a duty to retreat outside the home, since New York doesn’t have a Stand Your Ground law, while the Castle Doctrine applies in the home.

Curious how these standards play out in real cases and charging decisions? Read the full breakdown for context and takeaways:

Learn more about D’Emilia Law representing a defendant in a subway stabbing incident in Grand Central Station.

11/05/2025

If your license is suspended after a DWI in New York, how do you get to work, school, or medical appointments?

You may be eligible for a hardship license, but proving "extreme hardship" is more than just an inconvenience. It requires a formal hearing and substantial evidence to demonstrate a genuine need for limited driving privileges.

Discover more about the eligibility requirements:

Loss of your license after a drug or alcohol DWI can have a negative impact on your life and livelihood — it can affect your ability to drive to school, travel to work, and carry

10/17/2025

When the presented evidence is ambiguous, a strong defense becomes essential.

We are currently defending a client against felony assault charges, stemming from an incident at a New York Liberty game. Our approach emphasizes the insubstantiality of the surveillance footage and the imperative of challenging exaggerated charges to secure a just outcome.

Discover more:

D’Emilia Law is representing a man charged with two counts of assault for throwing an obscene object during a New York Liberty and Dallas Wings basketball game at the Barclays Center in August. The 32

10/03/2025

Can you get a DWI in New York with a BAC below .08%?

The laws surrounding driving while intoxicated are complex and carry serious penalties, including potential jail time, fines, and license revocation. Understanding the nuances, such as different charges for lower BAC levels and specific rules for commercial drivers, is crucial for protecting your rights.

Discover how to navigate these complexities:

Driving while intoxicated is a serious offense that can carry severe penalties, including jail time, monetary fines, and license revocation. Since the circumstances surrounding every case are unique, DWIs can be complex. While a knowledgeable

09/26/2025

Is a warrantless search ever permissible?

The Fourth Amendment protects against unlawful searches, but there are exceptions. From exigent circumstances to consent searches, understanding your rights is crucial.

Learn more: https://www.demilialaw.com/insights/is-a-warrantless-search-ever-permissible/

The Fourth Amendment to the U.S. Constitution protects individuals from unlawful searches and seizures by law enforcement. As a general rule,

09/19/2025

Do you know your rights when it comes to the Fifth Amendment?

While many know it as "the right to remain silent," this constitutional protection also guards against self-incrimination and ensures due process. Understanding when and how to invoke this right is critical if you ever interact with law enforcement, which is why consulting with an experienced attorney is essential.

Learn more:

Commonly referred to as “the right to remain silent,” the Fifth Amendment guarantees that a person cannot be compelled by the government to

09/11/2025

Could drug treatment court be the right path for your case?

For non-violent drug offenses, drug treatment court offers an alternative to traditional sentencing. Participants commit to a structured treatment program, and upon successful completion, charges may be reduced or even dismissed.

Learn more:

If you were arrested for a non-violent drug crime, you may be eligible for drug treatment court. This is a voluntary alternative to the

08/26/2025

What happens if you refuse a chemical test during a DWI stop?

Under New York's Implied Consent law, drivers automatically agree to take a chemical test to determine BAC when stopped for suspected DWI. Refusing to take this test can lead to serious consequences and additional penalties if convicted of a DWI.

Learn more: https://www.demilialaw.com/case-studies/drug-crimes/what-are-the-consequences-of-refusing-a-chemical-test/