If you are accused of driving under the influence in New York, you will be charged with one of three statutes under the New York Vehicle & Traffic Law 1192.
VTL 1192(1): Violation of this law is a traffic infraction. However, the consequences are still serious. You could have to pay twice as much for your car insurance over the next ten years. Furthermore, you will be unable to rent a vehicle for three years and will be barred from entering Canada.
VTL 1192(2): Those who have a blood alcohol content (BAC) of at least 0.08% while operating a motor vehicle will be charged with a DWI under this statue. This charge is based on the results of your chemical tests, so you could be driving in a normal pattern and pass a sobriety test and still be charged with a DWI under VTL 1192(2).
VTL 1192(3): This relates to an individual who operates a vehicle during a period when they are significantly impaired by alcohol.
In New York, there are certain factors that make up a DWI charge. A prosecutor must prove the accused was driving or operating a motor vehicle on a public highway while intoxicated or impaired. When a prosecutor is unable to prove all of these elements beyond a reasonable doubt, the accused will not be found guilty.
What are the Penalties of a DWI in New York?
New York law requires that all DUI arrests result in a court ordered alcohol screening and a suspended license. The penalties of a DUI will vary based on several circumstances such as previous DUI arrests and convictions. Moreover, those arrested for a DUI could also be subject to fines and may have to enter the New York Drinking and Driving Program. Each arrest is unique and the penalties will be based on the circumstances surrounding your case. A first time offender will typically be sentenced differently than those being charged with a second or third offense. When you have your license reinstated, you may have to keep an ignition interlock device in your vehicle, which will require that you breath into the alcohol testing device before the vehicle will start.
The Importance of an Experienced DWI Attorney
When you are facing a DUI conviction, a skilled attorney has the capability to file a number of motions prior to your trial. These motions are critical because they can help a defense attorney examine all the evidence surrounding the case. There have been times when a police officer did not have probable cause to stop a driver, so a DWI attorney could argue the arrest was made illegally. In addition, blood alcohol samples are delicate and can produce false readings if handled incorrectly. A skilled attorney can locate this information and use it in court for your defense.
Aside from costly fines and a suspended license, a DWI charge can also have other consequences. If you are convicted, then you could have a criminal record that prevents you obtaining employment, receiving federal funding for educational loans, and more. The importance of a knowledgeable attorney is vital when you are facing a DWI conviction. If you are in New York City, Nassau County, or Suffolk County, the legal team at Raiser & Kenniff can help. The founders of the firm have over 100 years of combined experience and were both former prosecutors.