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A DUI conviction in New York state may come with harsh penalties. Someone facing a near-certain conviction might consider a plea deal. Every driver’s case has unique aspects, and defendants will discuss the particulars of their situation with an attorney. For some, the positives associated with a plea deal may outweigh the negatives of taking chances in court.

Issues of concern when considering plea deals

Likely, the main issue concerning someone accused of a DWI/DUI in New York would be the penalties. License revocations, massive fines, and jail time reflect possible outcomes.

A plea bargain could reduce the maximum sentence for incarceration. If the maximum is four years, a plea deal may result in far less time. Repeat offenders with multiple convictions may find a sentence appears unavoidable, so taking a plea deal could be the preferable option. Again, a defendant would discuss the upsides and downsides of the deal with counsel, and it is ultimately the defendant’s decision.

A plea bargain might also address maximum fines and the revocation duration. Perhaps someone relies on a driver’s license for essential family or work-related transportation. While a revocation might be mandatory, plea bargaining for a shorter duration could be an option.

Other points about DUI plea bargains

Plea bargaining may bring with it greater expediency. That is, a case could end up resolved much faster when accepting a plea deal. Reaching a conclusion without delays might prove less stressful and help someone move on with life. Ending proceedings faster might bring down the overall costs associated with the defense. Costs could weigh heavily on a nervous defendant’s mind. After careful consideration, a defendant might come to realize that entering into a DWI/DUI plea bargain agreement with the prosecution is the appropriate decision.

Drivers who take to the roads in New York while intoxicated may find themselves facing criminal charges. The Empire State’s laws against drunk driving are tough, and the sentencing may become even harsher depending on specific factors. Several items could contribute to a driver facing enhanced DUI charges. When the charges become worse, expect possible penalties to be correspondingly stricter.

The legal penalties for DWI in New York

A person driving a noncommercial vehicle could face DWI charges in New York when blood alcohol content reaches 0.08. However, the charge increases to Aggravated DWI when the BAC hits 0.18 and above. A first-time AGG DWI comes with a fine and a possible jail term of one year. Fine and jail term maximums increase for each additional conviction within 10 years. Second and third AGG DWI convictions rise to the level of a felony. An intoxicated driver who refuses to take a breathalyzer test or registers an extremely high BAC may face severe penalties .

DUI incidents and additional criminal charges

Upon pulling a vehicle over, the police may learn that the driver has a suspended license or does not have auto insurance. Criminal charges may follow. A police officer may have probable cause to search the vehicle such as smelling marijuana or seeing drug paraphernalia. If a subsequent search leads to the discovery of illegal drugs or firearms, yet more charges are likely to result.

An intoxicated driver has difficulty safely operating a vehicle. Such a driver may face criminal reckless driving charges based on what happened on the road. If the driver causes an accident, charges may stem from any property damage or injuries inflicted on others. Sadly, someone could die from injuries suffered in an accident, and the person responsible might face very serious consequence.

In New York, a person operating a vehicle while intoxicated might face DUI and other charges. In such instances, an attorney could work on a defense strategy or plea bargain agreement. Of course, all persons accused of crimes have rights, and they are legally innocent until proven guilty.

In the state of New York, it is illegal to operate a motor vehicle while under the influence of drugs or alcohol. If you are charged with DWI, an attorney may utilize a number of strategies to dispute the charge and help you obtain a favorable outcome in your case. Let’s take a look at some of the specific tactics a legal professional might use in a drunk driving case.

An attorney may cast doubt on the reason given for a traffic stop

It isn’t uncommon for police officers to initiate traffic stops based on what they think is happening as opposed to what they’re actually observing. For instance, if your car is seen swerving between lanes just after 2 a.m., an officer might think that you’re a drunk driver just coming home from the bar. However, the truth may be that the car may be swerving because it has a flat tire or because you moved to avoid something in the road. Your attorney may be able to use witness statements, police statements, or other evidence to refute an officer’s claim that you were impaired.

It may be possible to cast doubt on the results of a Breathalyzer test

In many cases, the results of a Breathalyzer test go a long way in determining if a driver is charged with driving while intoxicated. However, there is no guarantee that the results of your test were accurate. If you suffer from a gastrointestinal issue, a Breathalyzer test may be useless in determining your true blood alcohol level. The same might be true if you recently vomited, used mouthwash, or put on cologne. There is also a chance that the machine itself wasn’t properly calibrated when you blew into it.

If you are charged with DWI, it is generally in your best interest to contact an attorney immediately. Doing so may make it easier to have a charge dropped before trial or to obtain a favorable plea deal in a timely manner. A plea deal may allow you to avoid jail time, a license suspension, or other penalties.

If you are suspected of driving while under the influence of alcohol, you may be asked to submit to a Breathalyzer test. While the results of the test may be given considerable weight in a DUI case, there is no guarantee that they are accurate. Take a look at some of the factors that might impact a Breathalyzer device’s ability to do its job properly.

Health issues can impact a test result

Generally speaking, Breathalyzer machines don’t work as well on individuals who have an elevated body temperature. Therefore, if you have a fever, it may be difficult or impossible to determine your blood alcohol content, or BAC. The same might be true if you have diabetes, have recently vomited or have issues with acid reflux. In some cases, the simple act of using mouthwash or cologne will trick the machine into thinking that your BAC is higher than it actually is.

When did you have your last drink?

It can take up to two hours for alcohol to be fully absorbed into your bloodstream. Therefore, it’s possible that your BAC will go up while driving home from a bar or a friend’s house. You could be charged with DUI even if you were under the legal limit when you first got into your vehicle.

Is the device working properly?

Ideally, a Breathalyzer device will be calibrated after 250 uses to maximize the odds of obtaining accurate test results. Furthermore, it should be routinely inspected for signs of physical damage or other problems that may call its accuracy into question.

If you are charged with DUI, it doesn’t necessarily mean that you will be convicted of driving under the influence. It could simply mean that there was an issue with the machine used to test your BAC. An attorney may cast doubt on a Breathalyzer test result in an effort to obtain a favorable outcome in your case.

Imagine the New York police have just stopped you, and now they are asking you to take a breathalyzer test. What should you do? A breathalyzer test can show a person’s blood alcohol content. It is used by police officers to determine if a person is driving under the influence and should be arrested for a DUI/DWI. However, the law in New York and across the country state that a person needs to consent to this test before it is administered. So, should you take one? Read on to learn additional information on breathalyzer tests and the options you have on hand.

Blood tests?

One of the misconceptions regarding the breathalyzer test is that if you refuse to take one, you will be forced to take a blood test down at the police station. This is not true and has actually been deemed unconstitutional by the Supreme Court in 2013. A warrant would be needed to extract any blood from you. It should be noted that blood may be extracted from you if you’ve been involved in a serious accident.

Other types of evidence

You may believe that not taking a breathalyzer test can prevent the police from using any evidence against you. However, this is not the case. Other types of evidence, such as failing a sobriety test or dashcam recordings of your poor driving, may be enough evidence to press charges on you.

Should you take a breathalyzer test?

A number of states across the union do have consequences of turning down a breathalyzer test. Some of these penalties may include a suspension of your driver’s license, admission of guilt or a night in jail.

Those who refuse or plan to refuse a breathalyzer test may want to rethink their approach. A personal attorney with DUI/DWI experience can tell you in detail what would happen if you refuse and the options at your disposal.

You decided to go out for happy hour with your friends or co-workers after a long, tough week. You are more than ready to have some beers or a few of your favorite mixed drinks. However, on your way home, you accidently run through a stop sign and police pull you over. Before you know it, your facing drunk driving charges for the first time. What will the consequences of your first-time DWI conviction be?

A DWI vs. DWAI

In New York, you will face tougher consequences with DWI charges, where your blood alcohol level is .08. These include the following:

• A mandatory $500-$1,000 fine
• A maximum one-year jail term
• A mandatory six-month license suspension

For drivers who register blood alcohol levels of .05 to .07, they can face DWAI charges in New York. The penalties for a first-time DWAI charge (without the evidence of drug use) are:

• A mandatory $300-500 fine
• A maximum 15-day jail term
• A mandatory 90-day license suspension

Zero tolerance laws for those under 21

If you are under the age of 21 and police pull you over for drunk driving, you are subject to New York’s zero tolerance laws. So, if you have a .02 to .07 blood alcohol content, you will have to pay a $125 fine and $100 to terminate your license suspension for a first-time offense. You won’t face jail time, but your driver’s license suspension will be six months.

An aggravated DWI

No matter what age you are, if you have an alcohol level of .18 BAC (more than twice the legal limit), you will face aggravated DWI charges. For a first-time DWI offense, penalties include the following:

• A mandatory $1,000-2,500 fine
• A maximum one-year jail term
• A mandatory one-year license suspension

A first-time DWI conviction has other consequences too. Your insurance rates will go up and your DWI will be on your criminal record. It will show up on background checks for future employers and may limit your ability to obtain certain jobs or job training.

It’s always best to seek the help of an experienced criminal defense attorney when facing drunk driving charges. You want to have someone stand up for your rights and investigate if you could have your charges reduced or dismissed, reducing the penalties you’ll face.

If you are ever arrested on suspicion of drinking and driving in Buffalo with a child in the car, you need to know about Leandra’s Law. It’s New York’s version of laws across most of the United States that creates extra punishment for DWI when a minor was in the vehicle.

Say you are driving on I-190 with your 12-year-old daughter when a state trooper pulls you over. The trooper says they smell alcohol on your breath and orders you to perform field sobriety tests and blow into a breathalyzer machine. The machine reads your blood-alcohol content at .085. Then the trooper tells you that you’re under arrest for DWI and puts the cuffs on you.

Normally, if you have no prior DWIs on your record, you would be facing a misdemeanor charge. But since your daughter was in the vehicle and was under 15 years old, under Leandra’s Law, you would be charged with a felony. You could be sentenced to up to four years in prison, even though you were not in a car accident, and nobody was injured.

Buffalo man charged

A Leandra’s Law charge is just one of the crimes a Buffalo man is accused of committing last month on I-390. Sheriff’s deputies claim the man was driving while intoxicated with two children aged 5 and 7 in the car. The man’s relationship with the children is not clear, but deputies say there is an order of protection against the man preventing him from having contact with them.

Facing felony DWI charges

If you are a parent, you will have your kids in the car often. You might not expect a child in the back seat to lead to felony charges, but thanks to Leandra’s Law, it could happen. Enhancements like this can turn a “small” charge like misdemeanor DWI into something very serious. Navigating a felony charge without sound legal representation is virtually impossible.