Driving Under The Influence: A New York DUI Attorney Lets You Know What To Expect If You Are Pulled

DW I- Also known as "driving while intoxicated" and DUI commonly known as "driving under the influence" are offenses that come with very serious consequences depending on which state you live in. Every state in the nation has a "per se" law which places a limit on the blood alcohol content (BAC) level that is acceptable when operating a vehicle; if you operate a vehicle with a BAC above this limit, you are in violation of the law. At this time all states set this maximum BAC level at 0.08%. Some states have recently passed zero tolerance laws enforcing a lower BAC level for underage drivers. These BAC laws usually dictate more strict penalties for those who are picked up with levels of 0.16 to 0.20.

Getting stopped for Drunk Driving

You may be curious about what happens if you get stopped for drunk driving. When you are suspected of drunk driving, or when an officer pulls you over for another infraction and has reason to believe you are under the influence, you will usually be asked to complete a sobriety test (blood, breath, or urine) to determine your BAC level. You should be aware of the fact that most of the states have what is referred to as "implied consent laws" which means that you must comply with the sobriety test or your driver's license can be suspended or revoked and/or you will face fines. This can happen right away if you refuse to test. The urine test might be discarded in some states because it is not very reliable.

You will be presented generally with the choice of the available tests. Is there a certain test you should pick? That's a great question that depends on a few factors. First of all you must keep in mind that the tests are trying to determine if you are under the influence of alcohol or drugs. A blood test can test for the presence of both drugs and alcohol, whereas a breathalyzer only detects alcohol. Also a machine that just tests breath is typically easier to call into question for accuracy. So it's important that you consider your situation carefully prior to making this decision.

What will happen after your DUI arrest?

If you are found to have a blood alcohol count over that region's limit or if you refuse to test, there is a good chance you will be taken into custody, your car will go to the impound lot and your license will be temporarily suspended. The police officer will put you in a cell at the police station until someone can pick you up or until you sober up.

It should be mentioned that these penalties will seldom apply for refusing to perform field sobriety tests or FSTs. These are the physical dexterity tests an officer has you perform at the scene of the traffic stop.

What is the court process after being charged with Drunk Driving?

An administrative hearing may take place to determine whether your license will be suspended administratively or by the court - this decision is made based on the details of your arrest. It's smart to bring your New York DUI attorney with you for this hearing. Typically a judge or jury will decide your guilt or innocence in court. Although a judge will ultimately decide your punishment if convicted, you are entitled to a jury trial since DUI is a criminal offense. Actually in most states there are already mandatory sentencing and punishments that takes the decision out of the judge's hands. Mandatory punishments generally go into effect when your blood alcohol is at a certain level or if you don't take a test. These penalties become more severe if you have prior DUI convictions.

These actions will be taken by the court if you are found guilty of DUI or DWI:

* Set fines (this can include additional driver responsibility taxes).
* Suspend or remove your driver's license. Actually, the motor vehicle department may do this if the court does not.
* Assign a mandatory drunk driver education program.
* Add points to your license which usually also will raise your insurance rates.
* Sentencing will occur which will be either jail time or community service work as an alternative to jail.
* Parole status will be assigned (this is called probation in some areas).
* Enforce governmental fees to offset the court costs of DWI/DUI cases.

Also, judges in some states may make it a requirement that you participate in drug or alcohol treatment program to meet the demands of your parole. Installation of an ignition interlock device may also be essential for your vehicle. And in most states, while you are on probation, you are not permitted to drink or go to a bar.

How do you get your license back?

It is possible to get a temporary hardship license that is conditional and provisional. Terms for this license are different in each state and are determined by each judge. It is sometimes given with conditions, such as required participation in educational programs. It is often given only in the case of a real family hardship.

Where do you go for help?

Research the drunk driving laws in your state and if that state is New York, it's a wise decision to retain a New York DWI lawyer who can help you step by step. There are specialists lawyers who only handle DUI/DWI cases and know the system. Many will not charge to discuss your case initially.