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.
May 17, 2018
Spodek Law is a great firm. They are super pragmatic