DUI Rights Help in New York – New York DWI Laws
When an individual is arrested for DUI (Driving Under the Influence) in New York City, Buffalo, Albany, Syracuse, or anywhere else in the state of New York they need to begin fighting back against these changes as soon as possible. The legal professionals at DUIRights.com will take the time to review the individual’s case and help them to find evidence in order to build a strong defense to take to court. Doing this can help to, hopefully, secure a positive outcome for the individual in terms of their charges.
Penalties Individuals Will Face for DUI in the State of New York
For those individuals who are charged and subsequently convicted of DUI in the state of New York, they will face a number of harsh penalties. First time offenders in this state will face fines between $500 and $1,000, a minimum of a six-month license suspension, and up to one year in jail. New York does not allow for plea bargaining when it comes to DUI charges, which means the individual and his or her attorney will need to have the case dismissed in order to avoid these penalties.
Identifying if Your DUI Rights Were Violated
Believe it or not, drivers rights are often violated during a DUI arrest. Since this is a common occurrence, an attorney will likely want to know the details of the arrest in order to identify whether or not the client’s rights were violated. Being able to identify a rights violation often helps to build a stronger case in favor of the offender that could potentially lead to having the charges dismissed and the case thrown out of court. Some of the questions lawyers will likely ask their client include:
- Did the officer have a good reason to pull the individual over and detain them for suspected DUI?
- Did the officer recite the individual’s Miranda Rights?
- Was the individual operating the car when the traffic stop was made or was the vehicle parked in a public parking lot or private driveway?
- Did the officer administer a Breathalyzer test? In what time frame after the individual’s last alcoholic drink was this test administered?
- Were there any other witnesses to the individual’s drinking or behavior other than the officer? Was the officer’s observation consistent or inconsistent with those eye witnesses?
- Did the officer administer any field sobriety testing? Did any factors such as the weather affect the outcome of these field sobriety tests?
You still have a chance to improve your situation once you learn the steps needed to eliminate your New York DWI charges. New York DWI penalties have become inflated calculations by the court system favored towards the courts themselves and attorneys specializing in this field. Over the past 14 years, DUIRights.com has helped thousands of people just like you. Good people with families, jobs, and friends. People who are now facing one of the worst days of their lives after being charged with DUI. We sincerely believe that people who make a mistake shouldn’t have to pay for it the rest of their lives.
Protect your rights and learn how to get your New York DWI charges dismissed. Get Started Now by filling out the Free DUI Arrest Evaluation Form to get the answers you need.
No matter how guilty you may think you were at the time of the arrest, we want you to know one important thing: There is ALWAYS an aggressive and effective defense that will help you fight for the best possible outcome. In our experience, many officers do not follow proper field sobriety test procedures. In fact, challenging probable cause and the way field sobriety tests, blood tests and breath tests were administered is often a successful strategy to reduce or drop the charges. Also, many people plead guilty prematurely based on a breath test with a result above the legal limit. This is a common and costly mistake, as there are a variety of ways in having the breath test suppressed as we will show you how to do.
If you rely solely on a public defender to help you, your chances will be limited in preserving financial security and effectively winning your case. We will help you protect yourself against an unfair court system and not risk losing your license or financial security. With our help, we will show you the easy to understand steps needed to get your New York DWI charges dismissed effectively and take back the control of your situation by being equipped with the real information and attorney you need to win your case.
DUI Laws in New York
New York is the top tourist destination in the United States and is literally the city that never sleeps. With bars and clubs open very late, if they ever close at all, drinking and driving is something authorities are always looking for. Needless to say, the city takes DUI very seriously and the penalties and fines reflect just how serious this crime is in the State of New York.
Consequences for Refusing to Take Chemical Tests
New York is an implied consent state, which means refusing to take chemical tests will result in fines and a license suspension:
- First offense – one-year license suspension
- Second offense – 18-month license suspension
- Third offense – 18-month license suspension
Challenging BAC Levels in Court
All blood alcohol content (BAC) levels for DUI in New York are consistent with those in other states:
- Drivers that are under the age of 21, .02 percent
- Drivers 21 years of age and older, .08 percent
- Commercial drivers, .04 percent
Is There Mandatory Jail Time Required for a DUI in New York?
While the first violation is on par with most other states, the maximum jail sentences in New York for repeat offenders are very long:
- First offense – up to one year in jail
- Second offense – up to four years in jail
- Third offense – up to seven years in jail
The lookback period in New York for sentencing purposes is 5 years.
Monetary Fines and Penalties for DUI in New York
Just as with the jail sentences, first time offenders are offered some leniency, but repeat offenders can expect to open their checkbooks in New York for repeat DUI offenses:
- First offense – fines ranging from $500 to $1,000
- Second offense – fines ranging from $1,000 to $5,000
- Third offense – $2,000 to $10,000
License Suspension for DUI in New York
New York provides guidelines only for the minimum sentence required. The maximum license suspension is at the discretion of the judge presiding over the case:
- First offense – minimum six months
- Second offense – minimum one year
- Third offense – minimum one year
In New York, an ignition interlock device (IID) is required after the first violation.
Finding a DUI Lawyer in New York
If found guilty, those individuals arrested and charged with Driving While Intoxicated (DWI), or Driving Under the Influence (DUI), in the state of New York can face some heavy penalties. For first offenders of DUI, the license suspension will be issued for 90 days – for second or third offenders the suspension will last six months. Additionally, the individual may be required to use an ignition interlock device to operate his or her vehicle and will also have to participate in mandatory alcohol and drug education classes.
Since the penalties for a DUI or DWI crime are strict, it is important to retain legal representation as soon as possible. In many cases, the suspension of the accused’s license will begin as soon as he or she is arrested and charged with the crime. Once the suspension begins, individuals have a short amount of time to file a request for an administrative hearing to have the suspension lessened or dismissed. Although this court hearing deals with the suspension, another hearing will be held to determine guilt.
With such stiff penalties and fines in place, individuals arrested and charged with DWI in New York are encouraged to hire a DUI attorney to help fight the charges. New York does not allow violators to plead out to the lesser charge of wet reckless, so you must win the case outright. A good attorney may be able to find flaws in testing and/or evidence. For a free evaluation of your case as well as recommendations for a local attorney, fill out the Free DUI Evaluation form today.
Do You Need a DUI Attorney in the State of New York?
In order to ensure the best possible outcome for the case, it is important to have an attorney present as representation during both the administrative and DUI court hearings. A knowledgeable attorney will be able to explain the charges and punishments to the offender as well as look over the state’s evidence and prepare a defense for the client. The attorney will also be able to determine if the offender was treated fairly during the arrest and charging as well as being able to discover if any of his or her rights were violated during the process.
It is not always required for the offender to retain his or her own legal counsel. If the offender cannot afford to hire an attorney, the state will provide a public defender to represent him or her at no charge. Although this may be helpful to some, it is important to retain a private practice attorney if you are able to do so – public defenders are not always the most knowledgeable about DUI laws and will often ask the client to take a plea bargain to settle the case, meaning the offender will face some penalties.
What Are the Benefits of Retaining a Private Practice Attorney?
In many cases it can greatly benefit the offender to retain legal counsel, even though it will require financing. Private practice attorneys who deal in the realm of DUI arrests and DUI law are very well-versed in these regulations and can often do a better job representing the client than a public defender. DUI attorneys will sometimes be able to find flaws in the case or mistakes made by officers or the court that can then be leveraged to help lessen the punishment against the client.