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January 07, 2010
Drunk-Driving
             
 
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Welcome to New York Drunk Driving Lawyer.com

 

 
Did You Know?    
 
 
In a DUI arrest, depending on the state, the officer will order you to take either a breath or blood test
If you fail (or refuse to take) a breath test, the arresting officer will take your license, and give you a yellow temporary license (Notice/Sworn Report/Temporary License). If your license was valid, the temporary license will be valid for 30 days from the date of arrest. In a blood test, the officer will send the Notice/Sworn Report / Temporary License to the DMV to issue a temporary license by mail.

 

Driving under the influence (DUI) of alcohol, or "drunk driving," in New York is by far the most commonly encountered offense in the courts today. In 2002, it is estimated that nearly 17,500 people were killed in automobile collisions involving alcohol. According to the National Highway Traffic Safety Administration (NHTSA), this represents 41 percent of the 42,815 people killed in all traffic accidents and crashes that year.

 
New York Drunk Driving BAC Related Deaths    
 
 
Motor Vehicle Fatalities Involving High Blood Alcohol Concentration in New York
Total fatalities 1995 1,674
Fatalities involving high blood alcohol 405
Percent 24
Total fatalities 2000 1,458
Fatalities involving high blood alcohol 293
Percent 20

Source: U.S. Department of Transportation, National Highway Traffic Safety Administration, National Center for Statistics and Analysis, Traffic Safety Facts 2000:
 

Defending against a charge of drunk driving in New York is tricky business. A New York DUI defense attorney needs to understand scientific and medical concepts, and must be able to question tough witnesses including scientists and police officers.

If you want to fight your drinking and driving charge in New York, you're well advised to hire an attorney who specializes in these types of cases. They may be able to get you off the hook, or lessen the fine or punishment imposed.

The laws concerning "drunk driving" have changed radically over recent years. A person arrested today for driving under the influence of alcohol ("DUI", also referred to as "DWI" or driving while intoxicated) faces complicated criminal procedures and a potentially devastating punishment that can be more severe than a penalty handed down in a felony case.

An experienced attorney who specializes in blood alcohol analysis and drunk driving cases can effectively handle criminal and administrative proceedings. It is an unfortunate fact, however, that many general practitioners or general criminal attorneys attempt to represent clients with little or no training or experience in this very complex field and the results are disastrous.

Drunk Driving Punishments

The punishment in drunk driving cases is set forth by state statute and can be incredibly complex. The basic statute determines the range of possible sentences, with modifications for such things as:

  • Having a prior conviction within seven years
  • Speeding 20 mph over the limit
  • Having a child under 14 in the car
  • Having a blood alcohol content reading over .20%
  • Refusing to submit to chemical testing

Within the range, the actual sentence in a drunk driving case will be affected by:

  • The facts of the case
  • Any policies of the local court and prosecutors
  • The weaknesses in the case uncovered by the defense attorney
  • The reputation of that attorney
  • All of this is independent of a DMV suspension, which is determined separately and which can be very complicated.

Contact a DUI Lawyer in New York now!

 
New York Audio & Video    
 
  DUI Not Grounds for Deportation, High Court Rules
Audio, RM, 44 Kbps, 3:33, 11/9/2004

The Supreme Court rules that driving under the influence is not a crime of violence that can occasion deportation, finding unanimously that the law requires that the defendant showed intent to injure.
Source: National Public Radio
 
 
New York External Sites    
 
 

SCHUMER: DRUNK DRIVING IN NEW YORK, LONG ISLAND, WESTCH
SCHUMER: DRUNK DRIVING IN NEW YORK, LONG ISLAND, WESTCHESTER ON THE RISE. Thanksgiving weekend has a historically high rate of drunk driving incident
SCHUMER: DRUNK DRIVING IN WESTERN NEW YORK IS UP 37% SI
In Western New York, drunk driving crashes have been on the rise since 1997, according to data from the State Department of Motor Vehicles. ...

 


  Newsroom  
 


News about DUI & Drunk Driving cases in New York and nationwide:

State Dot Promotes Youth Traffic Safety
HONOLULU — With the summer in full swing and the 4th of July holiday weekend approaching, the state Department of Transportation continues to empha...
Read more >


Bill Signed To Combat Underage Drinking And Drunk Driving
In his capacity as Acting Governor, Lt. Governor Aiona signed into law, H.B. 2639, H.B. 3242 and S.B. 702 as part of the Lingle-Aiona Administratio...
Read more >


New CDC Study Shows Stronger State Prevention Activities May Discourage Alcohol-Impaired Driving
Strong state activities designed to prevent driving under the influence (DUI) may reduce the incidence of drinking and driving, according to a new ...
Read more >


More DUI Drunk Driving News >

 
 

Drunk Driving Terms

 


Today's Terms

Alcoholism

Definition:
Alcoholism, also known as “alcohol dependence,” Includes four symptoms: Craving: A strong need, or compulsion, to drink. Loss of control: The inability to limit one’s drinking on any given occasion. Physical dependence: Withdrawal symptoms, such as nausea, sweating, shakiness, and anxiety, occur when alcohol use is stopped after a period of heavy drinking. Tolerance: The need to drink greater amounts of alcohol in order to “get high.”

Ignition Interlock Devices

Definition:
The courts may require first and repeat DUI offenders to use Ignition Interlock Devices. To start the vehicle, the driver must blow into the device. The vehicle will not start if the driver's blood alcohol content exceeds 0.05%.

Public Intoxication

Definition:
Public intoxication is the appearance of a person who is under the influence of drugs or alcohol in a place open to the general public. In most American jurisdictions, public intoxication is considered a misdemeanor

More Drunk Driving Lawyer.com Terms >

 

DUI/DWI Resources

 


Search Drunk Driving resources in our resource center:

More Resources >

 

DUI/DWI Hot Topics

 
Topics Related to DUI/DWI:

  • Blood Alcohol Content (BAC)
  • Breathalyzer Test
  • Failed Sobriety Test
  • Legal State BAC Limits

More DUI/DWI Topics >

New York Drunk-Driving Attorney

 
If you live in the following cities and need legal help you should contact our Attorney as soon as possible:

  • Astoria
  • Auburn
  • Bay Shore
  • Brentwood
  • Bronx
  • Brooklyn
  • Buffalo
  • Corona
  • Elmhurst
  • Elmont
  • Endicott
  • Fairport
  • Far Rockaway
  • Flushing
  • Forest Hills
  • Freeport
  • Hamburg
  • Hempstead
  • Huntington
  • Huntington Station
  • Ithaca
  • Jackson Heights
  • Jamaica
  • Jamestown
  • Levittown
  • Lindenhurst
  • Lockport
  • Long Beach
  • Massapequa
  • Middletown
  • New York
  • Newburgh
  • North Tonawanda
  • Patchogue
  • Poughkeepsie
  • Rego Park
  • Ridgewood
  • Rochester
  • Rome
  • South Ozone Park
  • South Richmond Hill
  • Spring Valley
  • Staten Island
  • Tonawanda
  • Troy
  • Webster
  • West Babylon
  • Westbury
  • Whitestone
  • Woodside
  • Yonkers
  Need to find a DUI Lawyer Nationwide? Visit DrunkDrivingLawyers.com
 


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