Blog
New York DUI Lawyer
The state of New York is serious when it comes to prosecuting DUI cases. Penalties are harsh even for a first conviction, and subsequent convictions can result in significant jail terms and extended loss of driving privileges. No longer is a DUI citation just a seemingly low-level misdemeanor. Some instances can even be prosecuted as a felony after multiple arrests for what is now totally unacceptable behavior. This means that it is not only a legal requirement to have competent legal counsel representing the case, but it is also a major predicament that could impact the life of the defendant for many years to come. And, the attorney you select can make a major difference because the state typically only recognizes minimal legal defense rights for the defendant. You must have solid counsel from a New York DUI lawyer who will fight for your rights to a fair disposition of the case.
First Offense DUI
Those who have never been convicted of driving under the influence previously are not punished as severely as those with multiple offenses unless the case is egregious in some respect. A typical DUI conviction is usually the result of a blood-alcohol content level between .08 and .14 unless there are extenuating circumstances such as being involved in an accident while under the influence of any chemical. The threshold is even lower for those under 21 years of age or professional commercial drivers. Alcohol is also not the only chemical intoxicant that will justify a valid charge even when the only evidence is officer testimony. However, your New York DUI lawyer can question the charging officer and build a counter claim in many instances when reasonable doubt could be present.
Punishments will include:
- $125 Civil Penalty
- $100 License Suspension Fee
- 6 Months License Suspension
- Possible Enrollment in an ADE Class at Defendant Expense
Multiple Offenses
Convictions for a second and third DUI conviction are even more stringent, both of which will result in significant jail terms along with increased fines and rehabilitation requirements. Automatic license suspensions increase from a six-month minimum to a one year minimum and fines can range up to $1000 dollars just as in a first DUI conviction, and even more for a third conviction. Felony charges can be applied for a fourth conviction, which will also result in an incarceration term in a state prison facility. Defendants in cases that include possession of drugs in addition to a DUI can also see multiple charges applied, which can also give the court ample reason to intensify the penalties for the actual charge of impaired driving. This can also be a material case factor for charges stemming from officer testimony that the driver was incoherent even though alcohol use is not apparent.
Refusing a Sobriety Test
Refusing a sobriety test may be a good decision on a first offense case, but the mere refusal is a criminal act that will result in an automatic six-month drivers license privilege suspension even when a conviction is not won by the state. The defendant could avoid a criminal DUI conviction, but penalties will still apply even in a plea bargained case dismissal in most instances. The only potential for avoiding the suspension is charge acquittal following a speedy trial when your New York DUI lawyer thinks they can beat the charge utilizing your full criminal defense rights application. For multiple offenders, the final result can be significantly worse than if they consent to testing.
Ignition Interlock Devices
According to DMV.org, interlock devices can be required in any DUI case based on a totality of circumstances or a particularly serious element of the case. These restrictions can also be included during times of probation or parole following a multiple offense conviction. All fees associated with the IID requirement are always the responsibility of the convicted defendant in addition to other financial impositions.
Contact a New York DUI Lawyer
It is never a good decision to accept a public advocate for a DUI defense when it can be avoided. Hiring a personal attorney like the legal professionals at Raiser & Kenniff PC means you can defend you case to the full extent of the law, which is especially important if the criminal conviction could impact the remainder of the your life. It is an investment in your future just as much your freedom.
Don’t deal with New York DUI Lawyer alone. Speak to the Spodek Law Group today.
New York DUI Lawyer
When an indiviudal drives under the influence of alcohol in New York, he or she could be charged with a DUI. According to New York laws, those charged with a DUI can face severe criminal penalties. In many cases, those who drive under the influence of drugs or alcohol could face revocation or suspension of their license, a jail sentence, or costly fines.
Possible penalties for a DUI conviction will depend on several factors, which may include:
- If the driver refused to submit a chemical test
- The driver’s age in relation to 21
- The type of driver’s license an individual has (regular, commercial, or CDL)
- What substance caused intoxication
When an individual faces a DUI in New York, it is crucial that he or she understand their legal situation, which is why it is imperative to seek guidance from an experienced New York DUI lawyer.
The Legal Standards for a DUI in New York
According to New York laws, an individual’s age, blood alcohol content (BAC), and type of vehicle that was driven will determine if he or she is impaired.
If a driver is found to be impaired and charged with a DUI, the following circumstances will be taken into consideration:
- Those who are 21 or older with a BAC of 0.08%
- Those who are under 21 years old with a BAC of 0.02%
- Individuals who are found operating a commercial motor vehicle with a BAC of 0.04%
Furthermore, those who are found to be impaired with a BAC of 0.18% could face Aggravated Driving While Intoxicated (Aggravated DWI) and will face more serious penalties. Drivers who have a BAC that is between 0.05%-0.07% could face a Driving While Ability Impaired (DWAI) charge. This charge is usually based on impairment because of drugs, alcohol, or the combination of both.
If an individual is charged with a DUI and has children in the vehicle, the charge will increase from a misdemeanor to a felony.
What are the Penalties for Driving Under the Influence in New York?
A New York DUI attorney can help an individual facing a DUI charge better understand the possible penalties if he or she is convicted. The consequences of a DUI charge will depend on prior offenses.
Sentencing Possibilities and Penalties for Individuals Over 21
First DUI Conviction
Those who are convicted of a first-time DUI offense will face a six month mandatory suspension of their driver’s license and a fine ranging from $500-$1,000.
Second DUI Conviction
If an individual is charged with a second DUI conviction, he or she will face up to five days in jail or community service for 30 days, a fine ranging from $500-$5,000, and a driver’s license suspension for at least one year.
Third DUI Conviction
A third DUI conviction will lead to a minimum of 10 days in jail or community service for 60 days, a fine ranging from $500-$10,000, and a suspended driver’s license for at least six years.
Every subsequent DUI conviction will increase the severity of these penalties, so those facing a fourth or fifth DUI charge should contact a DUI attorney immediately. A New York DUI attorney who has represented those in the same situation will know what has to be done to protect their clients rights.
Those in New York should understand the state has a Zero Tolerance Law for individuals under the age of 21 who are found driving under the influence. A BAC of 0.02% can even lead to an automatic license suspension for up to six months, a $125 fine, and an additional fine of $100 for the reinstatement of a driver’s license after six months.
According to the laws in New York, a DUI conviction will also mandate that the individual install an ignition interlock device on their automobiles, which is required even if the individual resides out of the state. Those who are found tampering with the device will face another charge.
Why an Individual Facing a DUI Charge Needs a New York DUI Attorney
Those who are facing a DUI charge in New York should understand it is a serious matter, and New York is notorious for showing no mercy to those who violate DUI laws.
When choosing a legal representative, it is important that the attorney is based in New York, so he or she will understand the laws in the state. Furthermore, an individual facing a DUI charge should also make sure they choose an attorney who specializes in DUI cases. If you or someone you know is facing a DUI charge, an experienced DUI attorney understands the process and can protect the rights of those facing a DUI.