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What are the penalties for drunk driving in New York?

The law treats drunk driving in New York very seriously. If you get a DWI charge in New York, you can face several penalties, including a suspended driver’s license, fines, higher insurance rates, a criminal record and the installation of an interlock device on your vehicle. Any drunk driver with a blood alcohol content level of .08% or more gets a drunk driving charge of a DWI. New York has some of the strictest DWI laws in the U.S., with basic offenses carrying a one-year jail sentence, a fine of up to $1,000 and the installation of an interlock device for up to a year. Under New York’s consent law, a driver has to take a chemical test if a police officer has reasonable grounds to think that they have [...]

What are the penalties for drunk driving in New York?2022-06-28T03:43:17+00:00

Conditional licenses help first-time DUI offenders regain rights

After drinking during a holiday party, you attempt to drive home under the influence of alcohol. An officer witnesses you make an illegal traffic turn, and the officer subsequently discovers you operated your vehicle while drunk. Although you have not committed a DUI offense previously in New York, you worry that your penalties will affect your life greatly.Depending on the circumstances and risks associated with your DUI offense, you may have the ability to apply for a conditional license. Conditional licenses give those convicted of alcohol or drugged driving offenses the opportunity to drive under certain restrictions given by the court. As DUI punishments may prove harsh, you may require the expertise of a criminal defense attorney who has the experience helping individuals obtain conditional licenses. New York judges understand [...]

Conditional licenses help first-time DUI offenders regain rights2018-10-25T00:00:00+00:00

Driver’s license suspension versus revocation in New York

Depending on the circumstances, sometimes when a person in New York is charged with a drunk driving offense, they may face the revocation or suspension of their driver's license. This can be very damaging on a person's everyday life. Driving is a necessity for many people, as it may be their only way to travel to work, run errands or go pretty much anywhere. Therefore, it is important to understand the difference between the revocation of one's driver's license and the suspension of one's driver's license.When a person's driver's license is revoked, he or she is required to turn it in to the Department of Motor Vehicles. At this point it is no longer legal for that person to operate a motor vehicle. Once the revocation period is complete, the [...]

Driver’s license suspension versus revocation in New York2018-10-12T00:00:00+00:00

Government campaigns against DWIs involving drugged driving

People in New York may think that DWAIs can only be assessed against drunk drivers. However, a drugged driver can also be charged with driving while ability impaired, as drugs can impair a person's ability to operate a motor vehicle. And, the National Highway Traffic Safety Administration is taking steps to bring awareness about the issue of drugged driving.The NHTSA has announced a new campaign called, Drive highHowever, the fact remains that many police officers do not have sufficient training to recognize drugged driving in comparison to drunk driving. In addition, unlike a blood alcohol content test, toxicology tests for drugs cannot always provide a conclusive result, as marijuana can remain in a person's system long after they are impaired. Thus, motorists who test positive for having marijuana in their [...]

Government campaigns against DWIs involving drugged driving2018-08-23T00:00:00+00:00

Drunk driving could result in vehicular manslaughter charges

Most of us are aware that driving a vehicle while intoxicated or under the influence of drugs is a crime in the state of New York and can result in drunk driving charges and a DUI conviction. However, if someone was killed in an alleged drunk driving accident, then you may be charged with intoxicated manslaughter and face even more serious consequences.In New York, drivers may be charged with either first-degree or second-degree vehicular manslaughter. Second-degree vehicular manslaughter is a class D felony and charges can stem from any form of illegal driving, from driving while intoxicated to driving while texting.Second-degree charges may be upped to first-degree vehicular manslaughter, a class C felony, depending on the status of the driver and the circumstances surrounding the incident. For example, drivers with [...]

Drunk driving could result in vehicular manslaughter charges2018-07-25T00:00:00+00:00

When will a motorist face problem driver restrictions?

Many people in New York will go to occasions this summer where alcohol is served. After all, summer is a popular time for block parties, weddings and one cannot forget the Fourth of July and Labor Day holidays. Unfortunately, after attending such celebrations, some people may be charged and convicted of driving under the influence.When a person has been convicted on drunk driving charges multiple times, the penalties they face are stiff. For example, if a person has multiple DUIs on their records, and their license to drive has subsequently been revoked for a reason that is not even related alcohol, upon relicensing they still may face problem driver restrictions. Such restrictions could have a major impact on a person's life.Problem driver restrictions limits when and where a person may [...]

When will a motorist face problem driver restrictions?2018-06-21T00:00:00+00:00

DUI preliminary hearings: what one needs to know

If one has been arrested and charged with a DUI in New York, one will have to decide whether to plead guilty or not guilty to the charges against during arraignment. If one pleads guilty, the judge will likely sentence at the arraignment, as it is the last time in court. But, many people accused of DUI's decide to plead not guilty to the charges against them and work with their defense attorneys to come up with evidence to show why they should not be convicted. Generally, once one pleads not guilty, they will be required to attend a preliminary hearing.Many attorneys will say that the preliminary hearing following a DUI arrest is one of the most critical parts of the DUI court process. During a preliminary hearing, the judge [...]

DUI preliminary hearings: what one needs to know2018-04-16T00:00:00+00:00

Drunk driving defense strategies can protect your rights

A drunk driving charge is a serious legal matter that should not be underestimated. Though the outcomes of drunk driving cases can vary greatly based upon the facts that led to the arrest and the criminal histories of the arrested parties, any person who has been charged with drunk driving should understand what is at stake if they are convicted.A drunk driving conviction can result in the loss of one's drivers license and operating privileges. A person who depends on the use of their car to get to and from work may suddenly find themselves without a reliable mode of transportation and may face issues with maintaining their employment.A drunk driving conviction can result in jail time for a driver. Imprisonment for a drunk driving charge is possible and can [...]

Drunk driving defense strategies can protect your rights2018-03-02T00:00:00+00:00

Man who said he was designated driver arrested for DWI

Drunk driving charges can happen under a variety of circumstances in Rockland County. It can happen when there is an accident, after law enforcement makes a traffic stop, or when a driver is deemed to be driving erratically. When people are arrested for drunk driving - regardless of the circumstances - one of the most important factors to remember is that having legal help is key to the case to avoid a conviction and harsh penalties.A man who was supposed to be a designated driver said he was bringing an intoxicated friend home when he found himself arrested on drunk driving charges. The incident happened around 2 a.m. when law enforcement saw a vehicle being driven erratically. When the vehicle was stopped and law enforcement questioned the driver, he stated [...]

Man who said he was designated driver arrested for DWI2018-02-21T00:00:00+00:00

I’ve been charged with drunk driving, what happens to my license?

Most people rely extensively on their vehicle and their driving privileges for all aspects of their day-to-day life. From getting to work everyday to grocery shopping, running errands and shuttling kids around being able to drive is an important part of our lives. However, if you are arrested and charged with a drunk driving offense, this could lead to serious consequences including suspension of your driver's license. So, if you are facing drunk driving charges, what exactly does happen to your license?The short answer to this question is: it depends. Drunk driving laws and penalties vary widely from state to state. In New York State the impact of a drunk driving charge, usually referred to as a DWI, on your license differs depending on a number of factors; these factors [...]

I’ve been charged with drunk driving, what happens to my license?2018-02-16T00:00:00+00:00
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