After you’ve been charged with driving, boating, or snowmobiling under the influence of alcohol or drugs, it’s essential for you to retain legal representation as soon as possible.
Some of your friends or loved ones may advise you to represent yourself in court or to retain an attorney who does not concentrate their practice in DWI. However, given the deceptively complex nature of the charges, and their massive consequences, you could find yourself without a driver’s license or in jail without really understanding what you (or your lawyer) did (or didn’t do) to place you in that situation. You could accept a plea bargain that you shouldn’t take under the circumstances. You could make a critical mistake that prevents you from getting your license back promptly. New York State arrest and criminal records will generally remain for the rest of your life. Consequently, you could also spend the rest of your life learning the “hard way,” in hindsight, about the consequences of the potentially poor decisions you made without the benefit of competent DWI defense counsel. By that time, however, the damage will have already been done.
Learn the facts involved with an aggravated DWI New York State
Driving is one of the typical activities that we all must do. Every single day, people experience drink driving duo and are in desperate need of a DWI attorney. In every state, there are two laws that are cracking down on these offenders since these drink driving duo arrests are a profitable means revenue for public governments.
The state of NY DUI laws is no different. If you have picked un an aggravated DWI New York State, you will need an aggravated DWI attorney. Dealing with new intoxicate law New York NY can be difficult for the average American citizen to handle alone. If you or someone you know is facing NY DUI charges, here are a few things you should know:
DUI laws come with more severe consequences than offenders faced in the past. Those who break NY DWI laws can expect jail time since it is pretty much mandatory for repeat offenders. Even if you hire a DWI lawyer in NY, the judge over your case decides if you serve jail time or not. An aggravated DWI New York state can lead to a suspended license, jail time, and a felony conviction.
What Can Happen to My License if I suffer aggravated DWI New York state charges?
After you’re convicted of a NY DWI charge, you can have your license suspended, go to jail and also be forced to pay court fees and other fees associated with an aggravated DWI attorney.
Some of the common consequences for aggravated DWI New York state are listed below:
• First-time offenders of the new intoxicate law NY can face fees anywhere from $500 to 1000 dollars. They can also face having their license suspended and up to six months of probation with the potential incarceration term at the maximum of a year.
• Second-time offenders of DWI laws within ten years can end up paying fees up to $5000. Even after hiring a DUI attorney, any aggravated DWI New York state can face a felony conviction with a jail sentence at a maximum of four years
• Third-time offenders of DWI laws in a ten-year time frame will face legal fees of approximately $10,000. Offenders can also face having their license suspended for up to one year and a felony conviction with the possibility of serving seven years in jail.
The following are the New York State drug and alcohol-related charges that can result in criminal and administrative penalties against the accused:
- DWI: Driving While Intoxicated; .08 BAC or higher, and other evidence of intoxication.
- Aggravated DWI: .18 BAC or higher.
- DWAI: Driving While Ability Impaired by Alcohol; .06 BAC to .07 BAC, and other evidence of impairment by alcohol.
- DWAI: Drug: Driving While Ability Impaired by the Use of a Drug (i.e., that is not alcohol).
- DWAI: Alcohol/Drugs: Driving While Ability Impaired by the Combined Influence of Drugs or Alcohol and Drugs.
- Zero Tolerance Law: The motorist is under 21 years old and possesses a BAC of .02 to .07.
- DWI Chemical Test Refusal: A motorist who refuses to submit to a chemical test (usually a test of breath, blood, or urine) will suffer a revocation of his or her driver’s license for at least one year, and will have to pay a civil penalty of at least $500 to the Department of Motor Vehicles.
- BWI: Boating While Intoxicated; .08 or higher, and other evidence of intoxication.
- BWAI: Boating While Ability Impaired by Alcohol; .06 BAC to .07 BAC, and other evidence of impairment by alcohol.
- BWAI-Drug: Boating While Ability Impaired by the Use of a Drug (i.e., that is not alcohol).
- BWI Chemical Test Refusal: A boater who refuses to submit to a chemical test (usually a test of breath or blood) will suffer revocation of his or her boating privileges for at least six months, and will have to pay a civil penalty of at least $200.
- SWI: Snowmobiling While Intoxicated; .08 or higher, and other evidence of intoxication.
- SWAI: Snowmobiling While Ability Impaired by Alcohol; .06 BAC to .07 BAC, and other evidence of impairment by alcohol.
- SWAI-Drug: Snowmobiling While Ability Impaired by the Use of a Drug (i.e., that is not alcohol).
- SWI Chemical Test Refusal: A snowmobiler who refuses to submit to a chemical test (usually a test of breath, blood, or urine) will suffer revocation of his or her snowmobiling privileges for at least six months, and will have to pay a civil penalty of at least $200.
Blood alcohol concentration is defined as the percentage of alcohol by weight contained in a person’s blood (measured either directly from a blood sample or indirectly from a breath sample). Blood and breath tests are different, and conflicting results can occur. Under some circumstances, one type of analysis will establish your innocence, while the other kind of test will result in an accusation of intoxication.
Most motorists don’t realize, however, that New York State does NOT allow them to choose which test to take. The police pick the test that will be used against the accused. Either the motorist submits to the test that the police have chosen, or suffers the consequences of a “refusal” to submit to a chemical test.
To convict someone of DWI or DWAI in New York State, the prosecutor must prove that the motorist was intoxicated or impaired at the time when that person was operating the vehicle. However, in every DWI case, a motorist’s BAC is determined at the time the blood or breath test is administered, which can be anywhere from 30 minutes to several hours after the operation. This is significant because the human body must first absorb any alcohol in the stomach before any effects can be felt or manifested, and absorption of alcohol can take as long as one to several hours after the point of consumption. Consequently, a BAC test reading can reflect a substantially higher or lower result than the motorist’s actual BAC at the time of operation.
For example, suppose you drank two 12-ounce bottles of beer within 30 minutes and then were stopped in your car by police only a few minutes after finishing your last sip. Under those circumstances, your actual BAC at the time of driving would generally not yet reflect the two drinks (i.e., because you would probably not yet have absorbed the alcohol you consumed). However, a BAC test wouldn’t occur until after the police officer had performed his investigation, arrested you, transported you to the police station, and forced you to sit around for some time – all of which could take anywhere from about an hour to several hours to complete. As a result, you would be charged with DWI based on a BAC level that would, in all likelihood, be much higher at the time of testing than when you had been driving.