An arrest for DUI can significantly diminish employment prospects and make housing harder to come by, while also damaging your image and altering child custody matters.
DUI (driving under the influence) charges vary widely by state law and may encompass incidents in which someone has been impaired by alcohol and/or drugs (legally prescribed or illicit).
Charges
DUI, DWI and OWI all refer to the same offense in most states: driving under the influence of alcohol or other substances. Some states use them interchangeably while others have distinct definitions for each offense.
Before charging someone with DUI/DWI, police typically need a reasonable suspicion they are under the influence. Field sobriety tests, breath or blood test results and obvious signs of impairment such as slurred speech and the smell of alcohol may all help establish this suspicion.
Penalties for first-time DUI convictions depend on state laws and aggravating factors, but typically include fines, jail time and suspension of driver’s license. Some states also mandate ignition interlock devices as a mandatory sanction against repeat offenders. A conviction may also have serious ramifications on employment, housing and child custody arrangements – making it harder to secure employment or new housing as landlords prefer applicants without criminal records when accepting tenants.
Penalties
Depending on the severity of your offense, penalties could include mandatory fines, license revocation/suspension, jail time, community service obligations, drug and alcohol assessment and treatment, driver safety courses as well as ignition interlock device installation requirements for your vehicle.
DUI penalties tend to increase when there have been prior violations or aggravating factors involved, such as an accident or high blood alcohol concentration (BAC). The same holds true for offenses involving minors and controlled substances.
As part of your DUI penalties, you may also be required to participate in a victim impact panel with those impacted by impaired driving. New York law mandates that first-offender penalties include participation in the Intoxicated Driver Resource Center (IDRC), community service and 48 hours in jail; judges have discretionary powers in terms of additional sanctions that they can impose; however in certain states it may be possible for you to obtain a hardship license so that you can still drive to work and school during a DUI suspension period.
Defenses
Dependent upon the circumstances, various DUI defense strategies are available to mitigate charges or prove innocence; even have an effectful influence on how you’re treated by the court. Our firm can investigate and present evidence against prosecution’s case by showing errors or flaws in chemical testing (breath or blood tests) or discredit witness testimony.
Our team can also challenge the validity of Standardized Field Sobriety Tests, including whether they were administered properly and whether you exhibited any physical conditions that prevented you from completing them. If necessary, maintenance logs and information regarding equipment used during these tests will also be requested from them.
One popular DUI defense involves asserting that your driving was not impaired due to various circumstances, including weather or road conditions. Swerving and jerking movements do not necessarily indicate impairment; many sober drivers engage in these movements due to road conditions or other influences.
Representation
An arrest for DUI/DWI will have serious repercussions in your life, such as fines, license suspension or revocation fees, jail time and any additional penalties that vary according to jurisdiction. A skilled defense attorney can protect your rights and fight to reduce or eliminate penalties from happening.
An experienced DUI/DWI lawyer will carefully examine all evidence in your case, such as breathalyzer tests and field sobriety test performance, for inaccuracies or irregularities that might undermine the prosecution’s case against you. They’ll negotiate with prosecutors to reach an optimal result in your favor.
An experienced DUI/DWI lawyer may help to reduce or drop charges and mitigate their effect on insurance premiums. Hiring one may well be worth your while; consult one now; initial meetings may even be offered free of charge! Be sure to bring along a copy of your police report.
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