NY New York State DUI laws are amidst the toughest in the nation, and an arrest under the suspicion of drunk driving will trigger two separate cases: a DUI court case which can result in a criminal record if convicted, and a Dmv case which will probably lead to the suspension of the driving privileges of the accused. More news about DUI in New York or for any state look here www.myduiassistance.com
A Westchester Driving Under the Influence case will be filed against a driver for 2 possible reasons. First, if he is found to violate the New York “per se” law, which bases the driver’s level of intoxication solely on his blood alcohol content or BAC. Second, a Driving Under the Influence case will probably be brought upon the driver under what is later termed as “common law theory”.
Arrests made based on the common law theory do not require measuring drivers’ blood alcohol level, and are alternately contingent upon the opinion of the arresting officer. Upon trial, though, the prosecution has to establish that the driver is indeed intoxicated to result in a guilty verdict. Under Vehicle and Traffic Laws, intoxication is defined as a condition wherein the driver lacks the needed mental and physical skills to endure prudent and reasonable while working a motor vehicle.
What sets New York DUI Laws apart from those of other states is that it allows individuals arrested for suspicion of drunk driving to consult with a DUI lawyer if they should take the chemical test or not. While getting the chance to telephone and get legal advice might work to the advantage of the accused, this is only a “qualified right”. As such, police officers need not wait for the lawyer to arrive before administering the chemical tests or filing the Westchester DUI case.
There are many folks in your situation. Most do zero and acquire the first lawyer in the phone book an contact them. Don’t!! Reasearch and examine many different options and talk to 2 or 3 before you choose the right DUI lawyer. Here is an in depth comment and lists of many legal DUI lawyers that can help you. More information about DUI in New York or for any state look here www.myduiassistance.com
Drivers alleged to have violated New York DUI laws will probably seek the legal advice of an Attourney. With many decades of experience, a lawyer is equipped with the skills to aggressively defend against a New York Driving Under the Influence case.
This article is designed for general news only. The facts presented should not be construed to be prescribed legal advice nor the formation of a lawyer/client relationship. DUI lawyer listings are a paid DUI attorney advertisement and do not in any way constitute a referral or endorsement by an approved or authorized lawyer referral service other than 1.800.DUI.LAWS.
For more information and in depth reviews on Driving Under the Influence – check out this site for more help http://www.myduiassistance.com
New York DUI Leagal Advise
More news about DUI in New York or for any state click here www.myduiassistance.com
Also for New York Specific DUI legal help or to find the right lawyer look here www.myduiassistance.com