Driving Under the Influence (DUI) offense in New York State Article Abstract
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Published: June 14, 2007
No matter what the situation in your drunk driving arrest, an experienced DUI defense lawyer can help. Do not think your case is somehow beyond help. Each case has its own characteristics. There’s a big difference between being “drunk” for the purpose of most situations and being considered “drunk” for DUI purposes. A DUI, driving under the influence, has three general meanings in New York State. The first is driving with an amount of alcohol in your system that impairs your physical abilities to operate a motor vehicle. Second, driving with an alcohol level in your system that is equal to or higher than 0.08 blood alcohol content level. And third, driving with drugs in your system regardless of the amount or type of drug and whether the physical abilities were impaired or not. This offense requires evidence of impairment as a result of the drugs or drugs and alcohol, although some states have passed laws making driving with the mere presence of certain drugs a criminal offense. The penalties for DUI range from 6 months in county jail, revocation of driving privileges, and 3 years in state prison. All of these penalties are increased significantly if an additional crime such as assault or homicide takes place while a DUI offense is committed. The laws dealing with DUI have changed during recent years and defending these offenses is tricky business. Contacting a skilled DUI / DWI defense attorney is one of the most important steps to take after a drunk driving arrest. It is highly recommended that an experienced attorney who specializes in DUI cases be retained in the event that a person wishes to fight a DUI charge.