Blog
DWI
Every state in the country gets to decide their own laws and the penalties attached to breaking any of those laws. That is why it is a good idea to have a basic understanding of how a certain state views a particular offense before you ever visit that area. Obviously, you should avoid breaking the law at all anywhere you go, but you must also understand what kind of situation you are really in once you have hit that point.
New York DWI Law
The first DWI offense that a person catches while in New York is almost always charged as a misdemeanor so long as they are not doing something else dangerous while driving in the process. That being said, the first offense also starts your clock on any future offenses of this same law.
A second DWI charge within five years of the first is likely to result in a felony in New York. Those who reach all the way to three DWI offenses within a ten year period are earning themselves an even more serious DWI charge. As you can tell, everything gets increasingly scary for the offender the more often they are caught having done this particular crime.
Legal Alcohol Limits
The state of New York follows the same standard that most other states do when it comes to a legal limit for alcohol in one’s system while operating a motor vehicle. That standard is to permit up to a blood alcohol content (BAC) level of 0.08% in a person’s bloodstream while driving.
Everyone reaches differently to alcohol, and BAC levels vary wildly from person to person. It is a good idea to be on the cautious side if you are not sure if you are able to legally drive. If you do not think that you should be getting behind the wheel you need to let someone know and have someone sober get you where you need to be.
There are apps such as Uber or Lyft that can provide you with a sober individual to drive you home for a charge. These are much better alternatives than risking picking up a DWI charge.
The Seriousness Of This Crime
A crime like this is incredibly serious because it puts yourself and other drivers potentially at risk. There is a reason why states take it so seriously when it comes to keeping drunk drivers off the roads. They know full well how much damage a single drunk individual can cause on the roads. They don’t want to take that risk, and that means it is more important than ever to pay attention to how much you are drinking and how you can get home safely.
A lot of states are currently considering legislation that would make the penalties for DWI offenses even harsher. There are also a lot of places that are considering lowering the legal alcohol limit from 0.08% to 0.05% while operating a vehicle. Advocates say that there is no real safe level of alcohol to have in one’s system while attempting to operate a vehicle, and this is why they are pushing for these changes.
A Legal Defense Makes A Lot Of Sense
There are plenty of scenarios in which a person may benefit greatly from a strong legal defense in a DWI case. As a matter of fact, it always makes sense to hire a lawyer to protect you in these circumstances.
Law enforcement officers can make mistakes when it comes to how they handle DWI cases, and it is possible to be wrongfully accused. Since you want to avoid that fate, it is important that you work with your attorney to keep yourself out of any scenario in which this could become an issue.
DWI violations can be successful argued in court, but a judge is not going to want to listen to you rant and rave yourself about why you did not commit the offense. The judge wants to hear from a capable attorney about the circumstances surrounding your case. Make sure you provide the court with the opportunity to hear from those individuals. You will not regret making that choice any time soon.
Don’t deal with DWI alone. Speak to the Spodek Law Group today.