Protecting Your Rights And Driving Privileges After A DUI/DWI
Being pulled over and arrested on suspicion of drunk driving can be an overwhelming and scary experience. To ensure your rights are protected, you need an attorney on your side who has a thorough understanding of vehicle and traffic law, and how to defend against DUI (driving under the influence) or DWI (driving while intoxicated) charges.
You can trust your DUI/DWI case to the knowledgeable and experienced lawyers at the Law Offices of Alan J. Schwartz, P.C.. With decades of experience in handling drunk driving cases, they are ready to construct a defense on your behalf designed to protect your freedom and your future.
Information About Drunk Driving Charges In New York
To be considered legally drunk in New York, your blood alcohol content (BAC) level must be at least 0.08%. However, you can be arrested for DUI with a lower BAC if you are driving erratically or showing signs of intoxication. If you fail a field sobriety test, it doesn’t matter what your BAC is.
New York state has an implied consent law. This law states that anyone who holds a New York driver’s license automatically consents to a breath test if requested. If you refuse a breathalyzer test, your driver’s license will be automatically suspended for up to six months and you will be fined at least $500.
Consequences Of A DUI/DWI Conviction
First-time DUI/DWI conviction penalties include jail time of up to one year, fines from $500 to $1,000 (in addition to court costs and surcharges), the possible installation of an ignition interlock device and the revocation/suspension of your driver’s license for at least six months. You may also be required to participate in victim impact groups and be screened for drug and alcohol abuse programs. With each additional DUI/DWI conviction, the consequences for a drunk driving conviction become increasingly severe.
In addition to the penalties above, your car may be seized by the police at the time of your arrest. This is a legal action called civil forfeiture. Because your vehicle was used in the commission of a crime, law enforcement is allowed to seize it in the same way they seize other types of property associated with a crime. The cost of recovering a seized vehicle goes up each day that it remains in the custody of law enforcement.
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