During a routine traffic stop, a New York officer may suspect that you have had too much to drink and ask you to submit to a field sobriety test, also known as a roadside sobriety test. The results of these tests are often subjective, but can be used against you if you are charged with a DUI.
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.
Although the legal drinking age in New York is 21, people under 21 will sometimes decide to drink alcohol. The situation can be made worse if the person gets behind the wheel of a vehicle after drinking. They are subject to the Zero Tolerance Law.
New York drivers who are convicted on DWI charges will likely lose their license for a period of time and could possibly face jail time. However, the severity of the consequences they face will usually depend on certain factors.
Facing drunk driving charges in New City and throughout New York can happen in a variety of ways and lead to many different allegations and penalties if there is a conviction. For example, people might not realize that they can be confronted with DUI allegations even if the vehicle is not moving and a law enforcement officer finds a person who is under the influence behind the wheel. This can be compounded if the person has children in the vehicle. Those who are dealing with an arrest in such a case must remember the importance of having legal help.
New Yorkers may be familiar with drunk driving laws, the legal limit, breathalyzer tests and license suspension periods. However, drinking and driving laws for those under the legal drinking age of 21 are quite different. So, what happens if an underage person is arrested for drunk driving?
Getting arrested for a DWI or DUI can be scary, especially in New York, a state with some of the strictest drunk driving laws in the country. People who are convicted on DUI charges may lose their licenses for an extended period of time, making it difficult, if not impossible for them to get to work and earn a living. A DUI conviction on one's record can also make it difficult to find or maintain employment, get child custody or maintain a good community reputation.
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.
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.
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.