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June 2016 Archives

Supreme Court rules warrants are needed for DUI blood tests

The fate of some tests for blood alcohol concentration has been in the hands of the United States Supreme Court. Three cases that were presented to the Supreme Court called the implied consent laws into question based on the United Constitution's Fourth Amendment ban on searches and seizures that are considered unreasonable. In all three cases, the appeals that were filed with the state supreme courts led to the state courts upholding the laws. The U.S. Supreme Court didn't see things the same way.

Certain steps occur during a DUI arrest

The flashing lights of a police car behind your vehicle when you know you are driving after having a few drinks can almost make your heart stop. If it is determined that you are too drunk to drive, you will be arrested. There are a few different steps that will occur after the arrest. Understanding these can help you as you move through the process.

Losing your driver's license can be costly

Being charged with drunk driving is almost always going to mean that you won't be able to drive a car legally because your driver's license will be suspended or revoked. For those who are used to driving themselves around, losing their driver's license can make life very difficult. We know that you might not think you can live without your driver's license. We can't promise that we will be able to help you keep your license, but we can work toward minimizing the effects of the license loss.

Drunk driving accidents can lead to criminal charges

When you drive, you must ensure that you are doing so in a safe manner. That is close to impossible if you have been consuming alcohol. If you are involved in an accident and it is determined that you were intoxicated, you can face criminal charges. In some cases, a drunk driving charge might not be the only charge you face. Vehicular homicide or vehicular assault are also possible if someone was injured or killed in the accident.

Not all breath tests are foolproof

Many people falsely assume that breath tests are always accurate; however, that is far from the case. In fact, there are several reasons why a breath test might give false high results. The implied consent laws in New York state that you must consent to a breath test if you are instructed to do so by a law enforcement officer. If you fail to comply, you can face criminal charges and the suspension or loss of your driver's licenses. So, what are you supposed to do since the test isn't always accurate?