3 Things You Should Know About Driving While Intoxicated Charges in New York
You may feel confused and overwhelmed if you find yourself arrested for or charged with driving while intoxicated offense in New York. You may not know what steps you should take next. If you have been arrested for or charged with driving while intoxicated offense in New York, it is crucial that you contact a skilled attorney. But even before you get in touch with an attorney, there are key facts you need to understand about driving while intoxicated charges in New York. In this article, we will discuss three crucial facts you need to know about driving while intoxicated charges in New York.
#1: Facts About New York Driving While Intoxicated Laws
It is crucial that you understand the facts about New York driving while intoxicated laws if you have been arrested for or charged with driving while intoxicated offense. You should know that there are a number of different types of driving while intoxicated offenses in New York.
In New York, a person can be charged with, among others, the following kinds of driving while intoxicated offenses;
- Driving While Intoxicated – Generally, you can be charged with DWI if you have a BAC of at least 0.08%. However, if you are a commercial driver, you can be charged with this offense if you have a BAC of 0.04%.
- Driving While Ability Impaired by Alcohol (DWAI) – You can be charged with DWAI/alcohol if you have a BAC of more than 0.05% but less than 0.07%.
- Aggravated DWI – You can be charged with this offense if you have a BAC of at least 0.18%.
Additionally, in New York, a driver violates the law if they refuse a blood, urine, or breath test. Also, a driver under 21 violates the law when they drive with a BAC of 0.02% to 0.07%.
In regards to the penalties for driving while intoxicated offenses, the penalties include fines, license suspension, and even jail time.
#2: Facts About the Breathalyzer Test
Breathalyzer test results are crucial in a driving while intoxicated case. The breathalyzer test results can prove whether you are guilty or innocent. However, it is vital to note that breathalyzer test results are not always accurate. Breathalyzer test results can be inaccurate for a variety of reasons. The following are some common factors that can lead to a breathalyzer giving a false positive result;
- Mouth alcohol
- Medical conditions
- User error
- Improperly maintained breathalyzer device
- Incompetent administering personnel
#3: Facts About How a Defense Attorney Can Help
Finally, if you’ve been arrested for or charged with driving while intoxicated offense, you need to understand how a defense attorney can help you. An attorney can help you with, among other things, understanding the charges against you, understanding the legal process, understanding your legal rights and ensuring they are protected, and understanding the possible defenses you can use in your case.
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