Drinking And Driving Charges Defense Attorney In Red Hook
Whether drunk driving charges are referred to as driving while intoxicated (DWI), driving while ability impaired by alcohol or drugs (DWAI), driving under the influence (DUI) or operating under the influence (OUI), New York has some of the toughest laws to deter people from driving and operating a motor vehicle while impaired by alcohol and/or drugs.
If you are stopped by the police in your vehicle and your blood alcohol content (BAC) is .06% to .07%, you can be charged with DWAI, which carries the penalty of a 90-day suspension of your driving privileges, fines, surcharges and assessments by the DMV. If your BAC is .08% or higher, you can be charged with DWI, which is a crime in New York with penalties that might include up to a year in jail, a six-month revocation of your driving privileges, the installation of an ignition interlock device, high fines, surcharges and financial assessments by the DMV. If you are under 21, then you are considered in violation of law if you operate a vehicle with .02% or higher BAC.
Driving Under The Influence Of Drugs
While New York does not have a per se rule regarding a motorist’s driving ability while impaired by drugs, if you are stopped by the police and they have reasonable cause to believe that you are operating a motor vehicle while impaired by illegal drugs or prescription medications (or any of those in combination with alcohol), the police can arrest you for further testing.
Nevertheless, the police have a number of hurdles they must navigate when arresting a motorist for DWI, DUI or DWAI. Generally, they must have probable cause to believe that the motorist is committing a traffic infraction in their presence to justify the stop of the vehicle. Once the vehicle has been pulled over, the officer must establish a reason for detaining the motorist beyond the time necessary for issuing the traffic infraction ticket. Most commonly, the officer will stop the motorist for speeding or crossing the double yellow line and then approach the motorist’s window to issue the ticket. Upon engaging with the motorist, the officer will invariably claim that they detected an odor of alcohol on the motorist’s breath, glassy/red eyes, slurred speech, impaired motor coordination, and other indicia of alcohol or drug impairment. Once officers make this observation, they have cause to detain the motorist further and ask them to step out of the vehicle to administer standard field sobriety tests and a breath screening test. If the driver fails those standard field sobriety tests, the police generally will have sufficient reasonable cause to take the motorist into custody to administer a chemical test – most commonly, the Breathalyzer.
Frequently Asked Questions About Drunk Driving Charges
When you have a question about your drunk driving charge, turn to us. Our team at the Law Offices of Michael Pollok, PLLC has worked in this area of the law for a long time and will be able to bring you clarity pertaining to your specific situation. But you may also have more general questions, such as those below.
What happens to my driver’s license immediately after a DWI arrest, and can I still drive?
The immediate aftermath of a drunk driving arrest leaves a lot in the air. The most likely scenario is that you will face a license suspension after your arrest. However, there is some possibility to retain driving privileges if you can demonstrate hardship or necessity. If it is a first-time offense, then there is some possibility for more leniency, but that is going to be dependent on your judge.
Should I refuse to take a breath test or field sobriety tests if I’m pulled over?
Refusing a breath or field sobriety test could potentially result in you losing your license for longer than if you had taken the tests and failed them. There is a mandatory license suspension with all drunk driving charges, but for some, the loss lasts between 90 days and six months. Refusing to take a sobriety test is a mandatory, immediate suspension of a driver’s license for one year due to New York’s implied consent law.
Can a DWI charge be reduced to a lesser offense or completely dismissed?
Any charge that goes to court has the possibility of being reduced to a lesser offense or getting dismissed completely. The best likelihood of one of those options will include taking action that undermines the case against you. The harder our attorneys fight for you, the more they make the prosecution work for a conviction, which often results in the prosecution looking for any off-ramp available. But our attorneys can’t fight like this until they know the full story of your case.
Call For Legal Representation From An Experienced Team
Our attorneys have decades of experience and will do everything in their power to protect your freedom. Call 845-406-9349 today or send us an email to get in touch with our legal team.