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DUI Frequently Asked Questions PDF Print E-mail

 

What is driving under the influence (DUI)?

Driving under the influence is legally defined as driving while impaired by drugs and or alcohol; and/or driving with a blood alcohol concentration of 0.08% or higher.


What are the legal penalties for DUI?
 
The penalties for DUI convictions vary and will depend upon several factors.  If a person is convicted of DUI, he/she may be sentenced with jail time, monetary fines, DUI School, community service, probation, and driver’s license suspension. 
 
What are Miranda Rights?
 
Once a person is placed under arrest, he/she must be read his/her Miranda Rights by law enforcement.  Miranda Rights inform a person of his/her right to remain silent, right to an
attorney, and right to have an attorney appointed to him/her.
 
What is Blood Alcohol Concentration (BAC)?
Blood alcohol concentration (BAC) refers to the amount of ethyl alcohol that is present in a person’s blood stream.  A person’s blood alcohol concentration can be determined through the administration of a breath, blood, or urine test. 
 
What happens if a person’s BAC is 0.08% or higher?
 
If a person’s BAC is 0.08% or higher, his/her driver’s license will be confiscated by law enforcement, and he/she will be given a temporary driver’s permit.  This permit will allow the person to drive for up to 30 days.  After the 30 day period, the person’s driving privileges will be automatically suspended.
 
What are Field Sobriety Tests (FST)?

 
Field sobriety tests (FST) are agility tests that are used by law enforcement to determine if a person is impaired by drugs and/or alcohol.  If a person is believed to have been driving while under the influence, law enforcement may request that the person perform a series of field sobriety tests before deciding to make a DUI arrest.
   
Why Hire a DUI Attorney?

If you have been charged with DUI, it is important that you hire a skilled DUI Defense Attorney.  A DUI attorney has the training, knowledge, and experience it takes to successfully contest your DUI charges.  By hiring a DUI Defense Lawyer, you ensure that your rights and best interests will remain protected throughout the criminal case process. 
 
 
The Law offices of a New York Lawyer, serving clients  all throughout  New York. 
 
 

New York Criminal Attorney

If you are accused of committing a serious crime, you need to protect your rights. Do not let the Prosecutor or the District Attorney take advantage of you. At our New York area law firm, experienced criminal defense lawyers will fight for you. We will subpoena evidence and all pertinent documentation, so we fully comprehend the strengths and the weaknesses of the state's case against you. We will conduct our own inquiry and challenge the prosecutor's charges. Our goal as criminal defense lawyers is to put together the most effective defense possible to ensure that the judge or jury finds you not guilty. Our aggressive team of criminal defense attorneys has won many felony cases, cases that other attorneys have tried but were unable to win an acquittal for their clients. We handle all types of criminal cases, including, DUI, drug offenses, juvenile offenses, embezzlement, Internet sex crimes, rape, and weapons charges. Do not fall prey to hungry prosecutors or district attorneys. We will protect and fight for your rights. Let our experienced criminal defense attorneys provide you with the representation you deserve. We are available 24/7 and ready to handle your case. We have earned the respect of the New York Law community and devote ourselves to our clients. If you are facing criminal charges; call our office for consultation. You have rights, and we will protect them.

For more information or a free consultation, please fill out the quick evaluation form above. Our office will respond in a timely manner.

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New York DUI Information

Retaining a DUI attorney is one of the best things you can do if you are faced criminal charges for driving under the influence of drugs or alcohol. Few people are aware that the DMV will try to take your license, while the court handles the criminal part of the case. In order to protect yourself, you should you seek representation from an experienced criminal defense attorney be in contact with both the DMV and the Court. If a police officer does not return your drivers license to you, and he gives you a pink provisional license, the process of suspending your license is most likely in effect. You need to schedule a hearing with the DMV within 10 days of the arrest. If, however, you retain an attorney in time, your DUI attorney can request the DMV hearing for you. If more than 10 days have passed, you may still be able to obtain a hearing, especially if the temporary license was not completed correctly. An experienced DUI attorney will be able to review the evidence and advise you if this if a mistake regarding your paperwork was made. A stay of the suspension can also be requested at the same time you request a hearing. It is a wise decision to request a stay. In the event that you do win the DMV hearing, you never had your license suspended. In the event you lose the DMV hearing, you may face license suspension of at least four months Do not worry you can still get a restricted license. An experienced criminal defense attorney who handles DUI cases will help you through the entire process. We have helps hundreds of New York area residents; let us help you too!