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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 DWI Lawyer
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.
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New York DWI Information
Hiring a criminal defense attorney is one of the smartest things you can do if you face criminal charges for driving while intoxicated. Few people realize that the DMV will try to take your license, while the court handles the criminal part of the case. In order to safeguard yourself, not only should you seek representation from an experienced criminal defense attorney, you will also need to be in contact with both the DMV and the Court. If a police officer holds on to your license, and you receive a pink provisional license, the process of suspending your license is most likely underway. You need to schedule a DMV hearing within 10 days of the arrest. If, however, you retain an attorney in time, your criminal defense attorney can request the DMV hearing for you. If more than 10 days have passed, you still have the possibility of obtaining a hearing, especially if the temporary license was not completed correctly.