Driving under the influence of drugs or alcohol with a blood alcohol content (BAC) level of .08 percent or more is a crime. DUI laws in New York are strictly enforced, with penalties ranging from incarceration, fines, and loss of driving privileges.
Depending on the nature of your impaired driving offense, penalties can result in misdemeanor or felony charges. For example, if your BAC measures .13 percent to .15 percent, this is considered a dangerous impairment. Your penalties will be higher.
At the same time, if your impaired driving causes a car accident or bodily harm, you could face serious jail time and steep fines, among other consequences.
Do I Have to Take a Chemical Test?
New York follows the implied consent law. If you are arrested for driving under the influence (DUI), you automatically consent to take a chemical or field sobriety test to measure your blood alcohol content (BAC) level if a police officer reasonably suspects that you have been driving impaired.
It is not illegal to refuse a chemical test, though a police officer might remind you of the implied consent law. The positive of not having the results of a breathalyzer or chemical test might work to your advantage in a DUI conviction, as this is less evidence to convict you with. However, if law enforcement asks you to get out of the vehicle, you must not resist.
There are no civil penalties to be concerned with if you refuse a field sobriety test, though you must always be respectful to law enforcement. It will only hurt your case if you aren’t.
How Can I Get My Charges Reduced?
It’s possible to reduce your charges with an attorney’s help. DUIs are serious offenses and demand the skill and experience of a DUI attorney with knowledge of the laws, local court, and prosecution.
If you are a first-time offender and your BAC didn’t measure above .08, or your impaired driving did not cause an accident or injuries, you could walk away with lesser fines and penalties.
Also, as a first-time offender, given it’s a first-time mistake, you could have the option to take a driving course through the state. With repeat offenses, it’s still possible to argue the evidence and help you resolve your case with a better resolution.
How Can an Attorney Help with My DUI Case?
Facing DUI charges can be confusing and scary. The legal system can be intimidating, too. We will help you understand your charges, the consequences of a conviction, and possible defenses that will help your case.
The circumstances of your case make a difference as to whether or not a plea bargain is possible and reduced or dropped charges. We examine the evidence and leverage our experience in DUI cases to find any omissions, inaccurate, or a lack of information to push for a lesser sentence or no sentence altogether.
From first-time to third-time offenses, clients rely on our law firm to handle DUI cases seamlessly from start to finish. Contact our legal team if you have a DUI you need to manage: (516) 809-7735.