New York state DWI laws are stringent, especially in cases where a driver has had multiple offenses. Whether a person is charged with driving while intoxicated, driving while ability impaired or driving under the influence, the consequences can be steep, long term and include anything from misdemeanor to felony charges. Laws can make it tough for people to recover from a DUI but there are options with the right help.
For the most part, drivers know they can face serious consequences if they are caught driving under the influence of alcohol. Still, it is not uncommon for motorists to have more than one drunk driving conviction on their record. Often, there are more severe penalties for drivers who have more than one drinking and driving offense on their record than for first time offenders.
Drunken driving charges can be very serious. Many states, including New York, have strict consequences for drivers who are convicted of driving under the influence. Possible consequences include jail time and license suspensions, among other penalties. For motorists who have repeated DUI convictions, the penalties can be harsher.
Drinking and driving can be a dangerous game. Not only are there the physical risks posed by the threat of an accident, there is also the risk of being caught by authorities. In the event a motorist is suspected of driving under the influence, law enforcement may stop them in order to investigate further, which can have serious repercussions.
Readers in and around New York City are likely aware that there are laws which prohibit drinking and driving. Readers also likely know that, if you are suspected of driving a motor vehicle while under the influence of alcohol, a field sobriety test or blood alcohol test will typically be administered to determine your impairment and, you could be arrested and/or charged with a criminal offense. What may come as a surprise, however, is that you can face charges even if you are not witnessed operating a motor vehicle, but are only found behind the wheel while the vehicle is running.
Motorists in New York City are likely aware that it can be dangerous to drive if they have consumed any alcohol. Even if a driver has only had a couple of drinks, there can still be impairment. In addition, motorists can face serious charges if they are pulled over by authorities or are involved in an accident.
The majority of the time, when law enforcement officers in New York City and other cities throughout the U.S. pull a driver over and observe that they have been drinking, the driver themselves know they were drinking and driving. While sometimes drivers may claim they have not had too much to drink, they often realize they have been drinking and driving. Despite a driver’s intentions or beliefs regarding their intoxication and getting behind the wheel, if police stop them, they are typically charged with DUI or DWI.
Regardless of whether you are in New York City, or another U.S. city, there are gauges and tests that are regularly used by law enforcement to determine sobriety. Authorities also rely largely on their own observations when assessing sobriety. Sometimes tests may show a person to be within the legal limit, but their behavior may indicate more serious impairment.
In New York, as well as in every other state, citizens have certain rights that are protected by the Constitution. Even if someone stands accused of a crime, those rights remain intact and it is expected that they be upheld. Unfortunately, that is not always the case. There are instances where, due to specific circumstances, law enforcement officials put proving guilt above one's Constitutional rights. A related case in one state could have major effects on prosecuting drunk driving cases.
For the most part, cases where motorists are caught driving while intoxicated seem pretty straightforward. If there is evidence of drugs or alcohol in a driver's system, they are typically charged with some type of impaired driving charge.