When facing charges of drunk driving, it is necessary to attain the assistance of a New York DUI lawyer. A New York DUI lawyer will be able to first inform you of the reasons why you had been convicted. You may not know, but a New York DUI lawyer will be able to explain to you that all drivers are required to remain under the blood alcohol concentration level of .08 in order to operate their vehicles. In addition, commercial drivers are prohibited from driving with a blood alcohol concentration level of .04 or more, while individuals under the age of 21 are equally prohibited if in possession of a blood alcohol level of .02 or more. Therefore, a New York DUI lawyer will serve you well when faced with such occurrences.
A New York DUI attorney will also be able to inform drivers unfamiliar with New York state law about its Implied Consent Law. This law sets forth that all drivers of New York roadways be required to adhere to chemical test requests by law enforcement officials who suspect the existence of alcoholic substances or drugs. Your New York DUI attorney will also be able to inform you about the consequences of refusal, which include a revoked license for a year as well as a fine of $500, which increases to $750 upon a repeat refusal. New York state also sets forth 3 specific levels of penalties that a New York DUI attorney would be very cognizant of, therefore affording you the appropriate assistance during such circumstances. For the first offense, a New York DUI attorney will be able to tell you that you may expect up to a year of jail time, with fines ranging from $500 to $1,000. You will also incur a minimum license suspension of 6 months. An additional consideration that a New York DUI attorney would be aware of is the distinction that occurs when passengers under the age of 16 are in the vehicle at the time. In such a scenario, the offense would be labeled as a class E felony with fines ranging up to $5,000 or the possibility of jail time up to 4 years. In the event of such a circumstance the acquisition of a New York DUI attorney is vital. The specifications described for the first offense increase for each subsequent offense.
A New York DUI lawyer will also do well to become familiar with new legislation within the area of DUI law. In 2009, individuals who caused another's death, who was under the age of 16 at the time, would be charged with "aggravated vehicular homicide" as well as this offense being labeled as a class B "violent" felony. In addition, individuals who caused serious bodily harm to similarly under-aged individuals will be charged with "aggravated vehicular assault" as well as have their offense categorized as a class C "violent" felony. In both of these cases, legal representation by a New York DUI lawyer will be necessary as a trial may be expected to arise.