New York DUI laws are among the hardest in the country, and an arrest under the suspicion of drunk driving will trigger two separate cases: a Driving Under the Influence court case which can result in a criminal record if convicted, and a Department of motor vehicles case which might lead to the suspension of the driving privileges of the accused. More wisdom about DUI in New York or for any state look here www.myduiassistance.com
A Westchester DUI case will most likely be filed against a driver for 2 possible reasons. First, if he is found to violate the New York “per se” law, which bases the driver’s level of intoxication solely on his blood alcohol content or BAC. Second, a DUI case might be brought upon the driver under what is later termed as “common law theory”.
Arrests made based on the common law theory do not require measuring drivers’ blood alcohol level, and are instead contingent upon the opinion of the arresting officer. Upon trial, though, the prosecution has to establish that the driver is indeed intoxicated to result in a guilty verdict. Under Vehicle and Traffic Laws, intoxication is defined as a condition wherein the driver lacks the needed mental and physical skills to remain prudent and reasonable while operating a motor vehicle.
What sets NY New York State DUI Laws apart from those of other states is that it allows individuals arrested for suspicion of drunk driving to consult with a DUI lawyer if they should take the chemical test or not. While getting the chance to contact and get hold of legal advice will most likely work to the advantage of the accused, this is only a “qualified right”. As such, police officers need not wait for the lawyer to arrive before administering the chemical tests or filing the Westchester DUI case.
There are a lot of persons in your situation. Most do nothing and attain the 1st lawyer in the telephone book an telephone them. Don’t!! Reasearch and assess many different options and talk to 2 or 3 before you choose the right DUI lawyer. Here is an in depth comments and lists of many legal DUI lawyers that can help you. More data about DUI in New York or for any state look here www.myduiassistance.com
Drivers alleged to have violated New York Driving Under the Influence laws might seek the legal advice of an Attourney. With many decades of experience, a lawyer is equipped with the skills to aggressively defend against a NY DUI case.
This article is designed for general wisdom only. The info presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Driving Under the Influence lawyer listings are a paid DUI attorney advertisement and do not in any way constitute a referral or endorsement by an approved or authorized lawyer referral service other than 1.800.DUI.LAWS.
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More information about DUI in New York or for any state look here www.myduiassistance.com
Also for New York Specific DUI legal help or to find the right lawyer reference here www.myduiassistance.com
