Procedural violations can substantially undermine the prosecution’s case in a drunk driving case. In a recent example, a judge determined that evidence of an accused’s blood alcohol content was inadmissible at trial due to improper breathalyzer protocol. The evidence might otherwise have been highly detrimental to the accused’s DUI defense, as it reportedly indicated a BAC of 0.16, which is double the legal limit of 0.08.
Even getting pulled over and ticketed for a simple reason, like a taillight that is out, can be intimidating. Yet it could always be worse, as in the case of a traffic stop that escalates into a drunk driving arrest.
In this blog, we frequently discuss the harsh penalties that drivers who are convicted of drunk driving charges in New York State face. These penalties may include costly fines, the suspension or revocation of one's driver's license and jail time. For individuals who are convicted of multiple DWIs, especially those including BAC levels of .18 or higher, the penalties can prove to be both financially and personally restrictive for years to come.
Individuals who are arrested in New York State on drunk driving charges face harsh penalties. In cases where a driver causes or is involved in a motor vehicle accident in which others are injured or killed, he or she is likely to be charged with additional and more serious criminal charges including vehicular homicide and manslaughter. A key factor in this type of case, however, centers on the fact that the accused individual must actually be driving at the time the accident occurs.
Not all states allow police officers to set up DUI checkpoints to try to catch drunk drivers, but New York does. In most cases, checkpoints are set up at certain times of year when there are usually more intoxicated drivers on the road.
On New Year’s Eve, Americans across the nation gather with friends and family in order to honor the passing of another year and to welcome in a new one. New Year’s Eve and New Year’s Day can be a time for celebration and a time for renewal. However, for those Americans who get arrested because law enforcement officers suspect that they have been driving under the influence of alcohol or drugs, the New Year ceases to be cause for celebration.
Residents throughout New York State are busy preparing for the upcoming holidays. For many, this time of year is about gathering with family and friends to eat, talk and reflect. Frequently, these types of holiday celebrations also include alcoholic beverages and, for those individuals who must drive home from a celebration, it's important to have a designated driver.
As we've noted in previous blog posts, the penalties associated with a drunk driving conviction in the state of New York are harsh and include serving time behind bars, paying hefty fines and losing one's driving privileges. In addition to these penalties, individuals who are charged with driving while intoxicated while transporting a child under the age of 16 are subject to additional penalties.
A driver who is stopped by a police officer and subsequently asked to submit to a Breathalyzer or chemical test may wrongly believe that he or she has no choice but to take the test. While New York State has an implied consent law which means that anyone who obtains a driver's license consents to a chemical test, a driver can choose to refuse the test and, in many cases, doing so may be his or her best interest.
From the moment a driver sees the flashing lights of a police car in the rear-view mirror, his or her life can change forever. The negative implications associated with a drunk driving conviction are significant and numerous and include costly fines, driver's license revocation, time behind bars, marred reputation, job loss and damage to personal and professional relationships. Despite the high stakes associated with a DWI conviction, many people wrongly believe that there's no way to successfully defend against DWI charges.