Criminal defense in New York

NYC DUI lawyer

Driving under the influence come with many names. Some call it “DWI” (driving while intoxicated), “OUI” (operating under the influence), and “OWI” (operating while impaired). Consult with our experienced NYC DUI lawyer to come to your aid by building criminal defense if you think that you are being wrongly prosecuted in New York.

For whatever name the charge may be called, the influence of drugs and alcohol are two of the more important factors. If you are looking for more reasons why you should not drive while intoxicated, the legal DUI Charges and Penaltiessystem and the problems with it should be enough to keep you on your toes.

What is Intoxication?

The creation of DUI laws is aimed to ensure that motorists will not get behind the wheel if their state is impaired. Tools such as breathalyzers, field sobriety tests (FSTs), and blood tests are available to law enforcement to ensure that individuals who drive under the influence will be apprehended.

Drugs and Alcohol

There are two main things that impair an individual’s decision-making and cognitive skills - drugs and alcohol. An individual can be charged with DUI if it can be proven that he is under the influence while operating a motor vehicle. There is no distinction if the drugs are legal or illegal or if the user has a prescription or not, the mere use and motor vehicle operation is enough. This system is called the system of “per se” intoxication.

“Per Se” Intoxication

All States in the United States have the system of “per se” DUI laws. Whenever an individual is shown to have a blood alcohol concentration (BAC) of .08% or more and he operates a motor vehicle, he is already liable under the law.

As long as the element of impairment is present, there is no defense that could attach. For example, an individual who has been caught driving under the influence of a prescription drug which impairs the thought process is already liable for violation of the DUI law.

The Penalties

DUI Charges and PenaltiesThe penalties of DUI depends on whether it was charged as a felony or as a misdemeanor. Penalties range from prison time to jail time, probation, license suspension, and vehicle impound. The penalties range but the level of guilt is still the same. The accused comes out with more than a slap on the wrist.

DUIs Are Not A Joke

Being prosecuted for a DUI is more problematic than any other traffic violation. It will run after you from the moment you get caught, to your insurance payments, and to your driving record. If you think that you are being wrongly prosecuted, consult with our experienced defense lawyer to come to your aid.

All you should do to spare yourself from criminal prosecution is to call our telephone at:  +(1) 347-763-93-96 or you may visit our office at 464 Ocean parkway, Brooklyn, NY 11218. 

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