The state of New York views driving under the influence or driving while intoxicated as a grave offense.
So how to Fight Dui/Dwi Case in New York?
Once an individual arrested for a DUI, sometimes referred to as a DWI in the state of new york, two cases will trigger:
A DUI criminal case in the court applies to the charge of driving while under the influence of alcohol and the second, which is an administrative case at the DMV or Department of Motor Vehicles.
The case at the DMV enables New York to attempt suspending your driving privileges as a result of being under the influence of alcohol behind the wheel at the time of being arrested.
Below are possible DUI offenses that attract a charge in the state of New York:
Driving under the influence
Going with a BAC or blood alcohol content of 0.08 or more
Been on Motion while intoxicated
If the offender is a commercial driver, the blood alcohol content limit is 0.04 or more.
If the offender is younger than 21, the blood alcohol content limit is 0.02 or more.
Driving Repercussions and Consequences of DWI Conviction
New York determines the extent and levity of a DWI offense when considering whether the conviction is a felony or a misdemeanor.
Misdemeanors tend to carry a jail sentence of a maximum of a year and fines, while felonies carry a prison term of a minimum of a year with additional high-cost monetary policies. Generally, a first-time DUI offender considers being guilty of a misdemeanor.
Should any conviction be added for ten years from the first offense, it will become a felony.
Dui charges and arrests carried out in the state of New York result in an array of consequences.
The courts are enabled to handle down sentences, which usually depend on the seriousness of the charge and if there were mitigating and aggravating variables accompanying the conviction and arrest.
Suppose you find yourself facing a likely DUI conviction. In that case, it is essential to remember that an experienced and reputable attorney versed in dealing with driving under the influence cases can help reduce the damages and costs associated with an arrest.
How to Fight Dui/Dwi Case in New York?
Having a DWI or DUI case in New York is not only stressful but also humiliatingly disturbing. It can also be quite expensive.
The state is stringent on DUI/DWI cases. Therefore, it is crucial to understand not only your rights but how to take proper legal action.
Whatever the situation, once you have been arrested for a DUI, you should first hire the services of an experienced lawyer, one that can judge the gravity of the case and accurately plot the necessary action to take at that point.
It would help if you appeared in front of a judge while being summoned.
An arraignment refers to a court appearance in which your charges are officially readout, and you have to answer the charges with a plea of guilty or not guilty.
The court will give you a lawyer if you cannot afford one, and a bail amount is set.
It is best to have an attorney represent you during these proceedings.
It is at this juncture that you can plead not guilty. You can change your plea at a later point during proceedings if you so wish to.
After this, it is within your right to demand a jury trial. If you have been charged with prior DUI/DWI convictions, it is best to deny these prior convictions, so either your attorney or you can challenge the validity.
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