New York DUI/DWI Attorney
Protecting Your Rights & Your Driving Privileges
Facing charges for committing a DUI crime in the state of New York is often not only extremely frightening but overwhelming and confusing. Just one part of this has to do with the complex variance of different terms for the same event. For example, laws in New York usually label these crimes as “Driving While Intoxicated” (DWI), but in different states DWIs are also referred to as OUI (Operating Under the Influence), DUI (Driving Under the Influence), or OWI (Operating While Intoxicated).
The methods used to test blood alcohol content are even more confusing than the terms, and often subject to human or machine error. Whatever the situation, you will need a knowledgeable New York DUI/DWI lawyer to aid your case, and Kenneth E. Belkin, Esq. is ready to offer his support in aggressively fighting for you.
Contact him now at (718) 395-6755 to receive representation from a dedicated attorney in New York.
Methods of Testing Blood Alcohol Content (BAC)
There are a number of ways that police officials attempt to test your blood alcohol content. The law, as outlined in Vehicle and Traffic Law Section 1192(2), requires that adults have less than .08% BAC if they are going to operate a vehicle. For a young person under 21, the legal limit is much lower at .02%. The problem is that not all these methods are always completely accurate, and there is much capacity for both human and machine error.
Some of the most types of evidence that officials will try to use, in addition to blood tests and breathalyzer tests include:
- How you performed for a coordination test
- How you performed during a standardized field sobriety test
- Indications of having bloodshot or watery eyes
- An inability to speak correctly without slurring
- General unsteadiness and inability to walk straight
- Having a smell of an alcoholic beverage
DWI Penalties in New York
Usually, a first offence of a DUI or DWI will result in a misdemeanor rather than a felony. This is still no light matter, however, because the consequences can affect your life in several drastic ways.
Some of the penalties for a first time DUI or DWI offense include:
- Being forced to spend up to 1 year in a jail
- Having to pay fines ranging up to $1,000, in addition to court and lawyer fees
- Getting your driver’s license revoked for several months
- Having to face about around three years of probation
- Needing to pay court surcharges and fees of around $400
- Being asked to complete an assessment of driver responsibility every year, which costs $250
- Having to install an interlock device into the ignition of every car you operate or own
Protection Against Unjust Charges
It is crucial to cut down on crime in NYC, and that certainly includes cases of reckless drinking and driving. However, what many police officers do not seem to remember in the heat of the moment is that sobriety test methods are not always fair or appropriate. Your natural physical conditions might render you incapable of passing the tests for sobriety, whether you have an illness or disability. Do not fear fighting unfair tests by the prosecution when you have Kenneth E. Belkin, Esq. at your side.
Call (718) 395-6755 or contact the firm online to receive the aggressive defense of a powerful New York DUI/DWI attorney.