DUI of Drugs
Driving under the influence of drugs is a crime that you can be charged with if your driving was in any way impaired while you had any kind of drug in your system. This is one of the more serious crimes in New York and can result in charges that range from a misdemeanor to a felony. This charge also applies to anyone that was driving under the influence of a combination of drugs and alcohol. Due to the severity of the offense, it’s important that you seek high quality legal counsel to mount a strong defense against the accusation. There are numerous things that have to be proved by the prosecution during a case such as this, which is where our NYC criminal law firm comes into play.
How We Can Help You When Being Charged With a DUI
With any DUI case, there are a few things that you should be aware of beforehand. The first detail to consider is whether or not you gave implied consent of guilt upon being pulled over by a police officer for the DUI in question. This consent occurs when you imply guilt through your actions as opposed to being expressly granted by you directly. For a DUI of drugs, implied consent can happen when you refuse to submit to a chemical test and when you insist on speaking to your attorney without first taking a chemical test. These actions can be submitted as evidence in court.
There are three types of penalties associated with a DUI of drugs, all of which we will assist you in defense of. We strive to provide each and every one of our clients with high quality service that will help in achieving the best outcome possible. The three penalties associated with this crime are referred to as the first offense, second offense and third offense. The first offense is merely a misdemeanor in the state of New York and carries with it a small fine or imprisonment of less than a year. A six month revocation of your license may also occur. The second offense carries with it a Class E felony and comes with stiffer penalties than the first offense.
The third offense, and any after, is classified as a Class D felony. Imprisonment can last up to ten years, fines can extend to $10,000 and a license suspension can be applied for a minimum of one year. Penalties can range wildly with each offense, which is why our criminal lawyers do what they can to present evidence and testimonies that will get you the best deal imaginable. While proving complete innocence is difficult to accomplish, there are several steps we can take in court. When you first contact us, we will look over your case and provide you with the necessary details on what it would take to get you the outcome you want.
No matter how much paperwork needs to be completed in the course of a trial, we handle all of it for you so that you can focus on what really matters. Because these charges can involves fines, jail time, license revocation and other penalties, there are many different ways that we can help you, depending on your specific case. Each of our attorneys is more than familiar with the laws surrounding a DUI of drugs, so you can be confident that your case is in good hands. If you’ve been charged with such a crime, contact us at Raiser & Kenniff Attorneys at Law to schedule your initial consultation.
Below is important information that you should know if you have been charged with driving under the influence. Hiring an experienced attorney should be considered as quickly as possible after you have been charged with the crime. A lawyer knows how to negotiate with the prosecution for a reduced offense. Never represent yourself in any charge as serious as driving under the influence.
Blood Alcohol Concentration
Alcohol can be absorbed within an hour after a drink. The size of the individual determines how fast the alcohol can be absorbed into the bloodstream. The amount of food eaten by the individual can play a role in how quickly the alcohol can affect the person. The number of drinks consumed will affect how quickly the individual is affected by alcohol.
Your blood alcohol concentration (BAC) can be determined by a police officer through two methods. Breathalyzers are used to determine if you have been drinking behind the wheel. You will be required to blow into the device to allow the officer to decide whether he has sufficient cause to make an arrest. Breathalyzers are never 100 percent accurate on test results. The officer in determining whether you are drunk behind the wheel uses them as a measuring tool.
The most accurate method used to determine impairment while driving is administering a blood test. A blood test is mandatory if you have been involved in an accident. Testing blood for alcohol concentration is the most reliable method available in prosecuting driving under the influence cases. Refusing to take a breath or blood test can result in automatic suspension of your driving privilege.
Law enforcement will charge you with driving under the influence if your BAC is above the legal limit of 0.08% and over 21 years old. The limit is 0.04% if you are caught under the influence while driving a commercial vehicle. The legal limit is 0.02% for young people under the age of 21.
Penalties for Driving Under The Influence
Young people under the age of 21 can face serious consequences for social drinking and then driving a motor vehicle. New York has a zero tolerance law. You can lose your driving privilege for six months plus pay fines and court costs. You can also be sentenced to attend alcohol education classes that you have to pay for. Multiple offenses carry additional penalties, including interlock device installation costs.
If you are over 21 years old and charged with DUI, you can expect harsher penalties for your actions. You can be sentenced up to 15 days in jail and pay as much as $1000 in fines plus mandatory alcohol classes. Your driving privilege can be suspended for 90 days up to 12 months. That is only for a first offense charge. Increased penalties will be placed upon you for multiple offenses or being a repeat offender.
You can be charged with aggravated driving under the influence if your BAC is 0.18% or higher. You automatically lose your license for 12 months. You can face 30 days up to 12 months in jail as part of the sentencing phase. The fines and court costs with your case can rise to amounts of $2,500.
A second offense for aggravated driving under the influence can cost you severely. Fines, court costs and alcohol education classes can total over $5,000. You can spend serious time in jail for repeat offenses. Your driving privilege can be suspended for years.
Anyone pulled over for suspected driving under the influence in New York should consider hiring an experience professional attorney. Your lawyer can help decide what the best options are for your case. Whether a first time offense or repeat offender you need an experienced attorney that can make sure you are represented fairly in a court of law.