According to the New York State Department of Motor Vehicles, driving under the influence is a crime that in punishable by law. If convicted the driver may have their license suspended, face fines, and depending on the charge, face time in jail as well.
They claim that a person is considered to be unfit for driving based on the following five premises:
- How much alcohol has been consumed by the driver
- What they ate during their time of drinking
- How long ago the driver consumed it
- How much they weigh
- How tall they are
Each person handles alcohol in various ways, and this is why the police will determine whether you are impaired to drive by your blood alcohol content (BAC) level. In the state of New York, any driver with a BAC over 0.08% is considered to be under the influence and unfit to be on the road behind the wheel. New York is also a state that charges for aggravated DUI if the drivers BAC level was over .18%, resulting in more severe penalties if convicted.
How can you defend your rights?
While no outcome can ever be guaranteed, with the help of a skilled defense attorney who has experience fighting DUI charges your chances may increase. At Musa-Obregon Law PC we are a criminal defense firm with years of practice under our belt and have many tactics that can be used in order to defend your case and fight for your innocence.
Here are a few tips to consider when you are accused of driving under the influence.
First off, hiring a DUI defense attorney is crucial. Don’t rely on a representative of the court who is appointed to you, they may have no experience fighting these charges. By contacting a firm that has dealt with many cases, you are starting the process out correctly.
Second, your attorney can investigate your initial arrest. At our firm we believe that adequate research is necessary in any trial and we want to make sure from start to finish that we understand every detail so that we can properly defend on your behalf. At the time of the arrest we will go through to make sure that the arresting officers saw to it that your Forth Amendment rights were considered.
Third, we will consider whether or not reasonable suspicion was used in order to pull your car over and arrest you. You are prevented from unreasonable search and seizures. The officer must be able to state clearly why they pulled your vehicle over whether it is because of reckless driving, or breaking a law, etc. there must be a probable cause.
Fourth, we can make sure that the officer at the scene read you your Miranda Rights before arresting you, because every individual has the right to stay silent until their attorney is present. If the officers fail to read you your rights then as your attorney would then seek to dismiss any evidence that was accumulated during the period your rights were violated.
Fifth, we can take a look at your BAC test that the officer gave you at the time of the arrest. Many times the breathalyzer tests are not reliable and therefore their accuracy may be questioned. Also, some states allow drivers to have the right to be tested by their personal physician for blood alcohol content levels. Unfortunately, the reliability of an officer on duty may not always be the greatest, and because of this our firm will look into their backgrounds in order to determine whether their testimony of the arrest is trustworthy. This often includes looking into their history and past arrests, and perhaps it can be used to defend you in court.
Protect Your Rights – Retain Our Aggressive Defense Attorneys
There are situations by which the evidence against a driver accused of driving under the influence may be too thorough and in that case your lawyer would then seek to help you plea bargain. This is done in the event that your case can’t be dismissed or you prove not guilty in court, and your lawyer would then seek to lessen your punishments by offering a plea instead. This may reduce fines or the possibility of jail, etc. all depending on the charges that you face. Though, with the help of a skilled DUI defense attorney all hope is not lost!
Contact Musa-Obregon Law PC today for more information regarding your DUI charges. We want to help you fight!