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Drunk Driving Archives

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.

Understanding New York drunk driving laws and penalties

The penalties and consequences for drunk driving in New York are serious and those who have been accused of it should be familiar with them. The legal limit for one's blood alcohol content level in New York is 0.08 percent. In addition, New York has a zero-tolerance policy concerning underage drinking, meaning that anyone under the age of 21 will be charged with drunk driving if their BAC is above 0.02 percent.

Officers must have reasonable suspicion before a DUI arrest

With the exception of DUI checkpoints, New York police officers are typically only allowed to stop motorists on the road if they have reasonable suspicion that a crime has occurred. For example, an officer may observe that a driver is breaking traffic laws or engaging in reckless behaviors on the road. These behaviors may include making an illegal turn, weaving in and out of traffic, driving at an excessive speed or constantly braking. Another possibility is that the driver is stopped, but asleep or unconscious at the wheel. If an officer observes these behaviors or any other signs of potentially impaired driving, they have reasonable suspicion of drunk driving and are permitted to stop the vehicle.

NFL linebacker charged with DUI following Lincoln Tunnel accident

If you have been accused of driving under the influence and are convicted, your sentence will depend on a number of factors such as your blood alcohol level, whether you had a minor in the car at the time, whether you were involved in an accident, and whether you injured or killed another person in the accident. Generally, serious accidents and higher blood alcohol levels result in more severe penalties.

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.

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.

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?

Tougher drunk driving laws possible in New York

As it stands, the legal limit for blood alcohol content while driving is .08 in all 50 states in the US. However, one New York assemblyman is attempting to lower the limit to .05. Felix Ortiz, a Democratic Assemblyman in Brooklyn, re-introduced a bill to lower the number of lives lost in drunk driving accidents. The measure has not yet been scheduled for a vote. Utah, however, was the first state to sign the .05 limit into a law.

What are New York's drunk driving laws for people under the age?

The legal drinking age is 21, but that does not stop many younger people from consuming alcohol and getting behind the wheel. Generally, drivers with a blood alcohol concentration (BAC) of .08 or higher are considered legally intoxicated and may be arrested for driving under the influence. But, according to New York's "Zero Tolerance" law, minors and adults under the age of 21 who drive with a BAC of .02% to .07% may be stopped for drunk driving.

Alleged drunk driver crashes into DUI patrol officer

With the increase in drunk driving over the holiday season, New York police officers often patrol the streets to catch as many drunk drivers as possible. Over New Year's weekend, Nassau police made 21 more DUI arrests than last year. If you are arrested and convicted for drunk driving, the severity of your consequences may increase if you injure another person.

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