DUI Lawyers New York NY
|
DUI Lawyers New York NY |
|
|
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| The objective of of "Dui Lawyers New York" is to assist those in New York who have had the misfortune of being charged with a DUI (driving under the influence) or DWI (driving while intoxicated) while in New York..Understanding all of the formal procedures, laws, and penalties can be quite daunting for some. We hope our New York DUI Lawyers site can provide all of the information you will need as you move through your administrative and criminal proceedings.The events that brought you to your current position may have begun with an accident or a DUI sobriety checkpoint, where you were given the standardized field sobriety tests. |
In addition to 3-5 of the usual coordination/physical balance tests, the officer probably requested that you breathe into a "breathalyzer" (also known as a "preliminary alcohol screening" device or PAS, Passive Alcohol Sensor).
Breathalyzers, notorious for their inaccuracies, are small instruments that calculate a preliminary reading of your blood alcohol level.
This test is becoming the only chemical test
administered in an increasing number of drunk driving cases. Even if you pass a
breathalyzer test, with .08% or lower, there is a chance you will still be
arrested under suspicion of driving under the influence of drugs.
Once you arrive at the police station, it is the legal duty of the officer to
inform you of your choice to take a breath or blood test. If you opt for a
breath test, two samples must be taken at two minutes apart. The samples must
also be within .02% of each other. The blood tests can be administered at the
police station, a nearby medical facility, or a third party may come to give the
test. While many officers will not inform you of your rights, you will face
heightened penalties if you refuse the tests.
It is important that you understand the flaws of these tests that make them so
unreliable and, many times, inaccurate. The high number of variables found in
the human body, as well as imperfections in the equipment itself, can cause
inconsistent results. This being said, however, you should also be well informed
of the penalties you could be charged if you refuse the chemical tests
available. (See DWI Driver’s License Suspensions)
You will lose your license if any of the following situations occur:
1. You take the breath test and fail with a result of .08% or higher.
2. You opt for a blood test that is usually tested at a crime lab a few days
later.
3. You refuse to take both the blood and breath tests.
Let or experienced New
York DUI Lawyers
in New York, NY Protect your rights
Driving While Intoxicated (DWI) is a crime. In NY, the penalties include the loss of driving privileges, fines, and a possible jail term.
Your judgment, coordination and ability to drive a vehicle change when you consume any amount of alcohol. The level of impairment depends on five conditions:
There is no quick method to become sober. The best method is to wait until your body absorbs the alcohol. The average rate that your body processes alcohol is approximately one drink per hour.
BAC = blood alcohol concentration
| Penalties for Alcohol-related and Drug-related Violations | |||
| Violation (1) | Mandatory Fine (2) | Maximum Jail Term |
Mandatory Driver License Action (3) |
| Aggravated Driving While Intoxicated (A-DWI) or New York DUI | $1,000 - $2,500 | 1 year | Revoked for at least one year |
| Second A-DWI or New York DUI in 10 years (E felony)(1) | $1,000 - $5,000 | 4 years | Revoked for at least 18-months (5) |
| Third A-DWI or New York DUI in 10 years (D felony)(1) | $2,000 - $10,000 | 7 years | Revoked for at least 18-months (4,5) |
| Driving While Intoxicated (DWI) or Driving While Impaired by a Drug (DWAI-Drug) | $500 - $1,000 | 1 year | DWI-Revoked for at least six months DWAI-Drugs - Suspended for at least six months |
| Second DWI/DWAI-Drug violation in 10 years (E felony)(1) | $1,000 - $5,000 | 4 years | Revoked for at least one year |
| Third DWI/DWAI-Drug violation in 10 years (D felony)(1) | $2,000 - $10,000 | 7 years | Revoked for at least one year (4) |
| Driving While Ability Impaired by a Combination of Alcohol/Drugs (DWAI-Combination) | $500 - $1,000 | 1 year | Revoked for at least six months |
| Second DWAI/Combination in 10 years (E felony)(1) | $1,000 - $5,000 | 4 years | Revoked for at least one year/18 months (5) |
| Third DWAI/Combination in 10 years (D felony)(1) | $2,000 - $10,000 | 7 years | Revoked for at least one year/18 months (4,5) |
| Driving While Ability Impaired by Alcohol (DWAI) | $300 - $500 | 15 days | Suspended for 90 days |
| Second DWAI violation in 5 years | $500 - $750 | 30 days | Revoked for at least six months |
| Zero Tolerance Law | $125 civil penalty and $100 fee to terminate suspension | None | Suspended for six months |
| Second Zero Tolerance Law | $125 civil penalty and $100 re-application fee | None | Revoked for one year or until age 21 |
| Chemical Test Refusal | $500 civil penalty ($550 for commercial drivers) | None | Revoked for at least one year |
| Chemical Test Refusal within five years of a previous DWI-related charge/Chemical Test Refusal | $750 civil penalty | None | Revoked for at least 18 months |
| Chemical Test Refusal - Zero Tolerance Law |
$300 civil penalty and $50 re-application fee | None | Revoked for at least one year. |
| Chemical Test Refusal - Second or subsequent Zero Tolerance Law |
$750 civil penalty and $50 re-application fee | None | Revoked for at least one year. |
| Driving Under the Influence -New York DUI (Out-of-State) | N/A | N/A | Revoked at least 90 days. If less than 21 years of age, revoked at least one year. |
| Driving Under the Influence (New York DUI) - (Out-of State) with any previous alcohol-drug violation | N/A | N/A | Revoked at least 90 days. If less than 21 years of age, revoked at least one year or until age 21 (longest term). |
Contact Information
|
Send mail to
info@duilawyersnewyorkny.com with questions
or comments about this web site.
|