When an officer wants to determine if you are under the influence during a traffic stop, he or she will typically administer a breath alcohol test. These tests require the use of a machine or device. According to the New York Times, such alcohol breath tests have many...
When must I install an IID and how does it work?
When convicted of a charge of driving while intoxicated or aggravated DWI, you must install an ignition interlock device in your vehicle. A New York judge may order the use of an IID for at least 12 months of a probation sentence. After a conviction and sentencing,...
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...
Consider the effects of a plea deal or jury trial in your case
One of the main questions a person facing a drunk driving charge will have is whether his or her case will go to trial or not. The answer to this isn't always simple because of the unique elements that are present in many DUI cases. In many cases, the decision about a...
Can you get a DUI while biking in New York?
In some states, if you're caught riding your bike while intoxicated, you can be given a DUI, just the same as you would be if you were behind the wheel of your car. Is the same system in place in New York? It is not. You won't be given a DUI on a bike in the Empire...
Thinking clearly when you are arrested for a DUI
Drunk driving arrests are sometimes very difficult arrests because a person who is truly intoxicated isn't likely going to be thinking clearly. Alcohol affects the way your brain functions, which affects your thought process and your ability to communicate. If you...
Don’t drink and boat in New York
As the summer months unfold, more and more people will take to the waterways of the state in an effort to have fun and enjoy the sun. It is important for anyone operating a boat to be in good shape to do so. One thing that they mustn't do is to operate the boat while...
What is considered during a DUI sentencing?
Being charged with a drunk driving offense is a difficult situation. An even more difficult situation is having to go through the sentencing process if you are convicted of a DUI. There are several factors that come into the picture when you are being sentenced for a...
What are the reasons why a DUI stop might be initiated?
When a person is stopped by the police for a suspicion of drunk driving, he or she is often very upset about the development. These traffic stops can sometimes lead to the question of what constitutes reasonable suspicion for a DUI stop. What is reasonable suspicion?...
Drunk driving defense may include affirmation with explanations
Determining what defense strategy to use in a drunk driving case is crucial for any defendant. All of the aspects of the case come into consideration when a decision is being made. We know that thinking about which strategy to use can be difficult because you don't...
