New York DUI Arrest is Unique

Friday, April 24th, 2009

If you’re arrested for DUI in New York, it can trigger two separate cases. First is DWI (Driving While Intoxicated), which is a criminal case in court. The second is DMV (Department of Motor Vehicles) case, where your driving privileges may be suspended by New York DMV if you’re accused.

Moreover, DWI cases in New York can fall under two theories. Your violation can either be just breaking the law “per se” based on alcohol level, but without driving impairment. The other one is breaking the traditional common law where you lack the necessary mental and physical skills to operate a vehicle as a prudent and reasonable driver.

Bear in mind that if there’s a traffic accident, you refuse to take the chemical test, you attempt to evade the police, or your BAC level is more than .15, then your DWI (also known as DUI) case might have harsher penalties or punishment.

Drinking and driving laws in New York are unique. One of them is giving motorists the right to consult with their lawyers before deciding to take the chemical test. Lawyers in New York are already aware that late-night calls are a part of their job description. Therefore, when in New York, make sure you consult first with a qualified lawyer upon DUI arrest.

Tags: DMV, drinking and driving, dui, dwi, lawyers, New York
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