If you drive with a blood alcohol concentration (BAC) of .08 percent of higher, you can be accused of driving under the influence. You can also be accused if the officer believes you are impaired or if there is other evidence in your vehicle.
Just because you're able to do something doesn't mean you should. Perhaps, you heard this saying when you were growing up, similar to the if-your-friends-jumped-off-a-cliff statement parents often make. There are many situations in life where you may have a right to do something, but you need to weigh the possible consequences of your choice before deciding what to do.
If you've been stopped for driving under the influence, you now have a few problems to address. You may have problems getting to work or school, between your family members because of your actions or simply fear the charges you face. Fortunately, your attorney can help you work through this situation and toward the best possible outcome.
A field sobriety test is used to determine if you're intoxicated. Not all tests are created equal, which is why it's vital that you pay attention to the test being given and the way in which it's given. If it is given incorrectly or produces a number of differing results, the test itself may not be admissible in court.
A New York City police officer pulled you over and suspected you of drunk driving. He or she administered a breath test that indicated you had a blood alcohol concentration level at or above .08. For the officer, this might conclusively prove your impairment and provide probable cause (a legal reason) to arrest you. However, to a criminal defense attorney, it's far from conclusive.
You probably remember the very day you took the test to obtain a valid driver's license. Whether that was a year or so ago, or if you've been driving for decades, chances are, you consider that past event a milestone in your life.
Drunk driving has long been a common topic among public safety advocates. Certainly most people in New York would agree that keeping the roads safe and reducing traffic accidents is important. However, many motorists also recognize that over-vigilance can lead to inaccurate stereotypes about people who are arrested for driving while intoxicated. It is also important for people to remember that not everyone arrested for DWI, DWAI or DUI charges is actually guilty.
Throughout New York City, the level of vigilance over various traffic violations has definitely increased in the past year or so. This can be seen in a variety of ways and against many different types of offenses. Drunk driving is one of these things. While it is important to keep the public safe when on the road, whether as a motorist, passenger, pedestrian, bicyclist or motorcyclist, it is equally important to protect the rights of those accused of vehicular offenses.
You do not need to have lived in New York long to know that the state takes drunk driving very seriously. Penalties for DUI, DWI or related offenses can cost your thousands of dollars, put you in jail and even see you lose your right to drive for a certain period of time. The risk of being arrested for driving while intoxicated always exists but can be higher during holiday times such as in the summer.
New York has some extremely strict laws and penalties for drunk driving. This is something that can be seen in other parts of the country as well. The need to improve safety on the road for all persons is important yet so too is the need to ensure fair treatment to all drivers. The negative stereotypes about people who are arrested for driving while intoxicated are not always accurate.