If you’ve been arrested for driving while under the influence (DUI), it’s essential to be aware of your rights. You are considered innocent until proven guilty beyond a reasonable doubt by the prosecution. Therefore, it’s crucial to vigorously fight to have your DUI charges dismissed to avoid negative consequences. In New York, DUI carries harsh penalties that can significantly impact your livelihood. To combat such charges effectively, you should enlist the legal assistance of a competent Nassau County DUI Lawyer who can defend your rights and interests. Please continue reading to learn when a DUI charge may be dismissed.
What are the penalties for a DUI in New York?
In New York, drunk driving is not taken lightly. The laws are stern to prevent subsequent offenses. Therefore, if you operate a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, you will be subject to an array of heavy consequences. For a first-offense DUI, you could face the following penalties:
- Fines ranging from $500-$1,000
- License revocation for at least six months
- Enrollment in the New York Drunk Driver Program
- Jail time of up to one year
If you are under the legal drinking age of 21 or you have a high BAC, your penalties will increase in severity. As such, it’s vital to retain quality legal counsel with the experience needed to fight for the best possible conclusion for your case.
When can you get your charges dismissed?
Depending on the circumstances of your case, the prosecution may opt to drop the charges after initiating court proceedings. This could happen if there is not enough evidence to prove your guilt beyond a reasonable doubt. To get a conviction, the prosecution must prove without uncertainty that there is no other plausible explanation than the defendant committed the crime from the evidence presented at trial. If the prosecutor cannot meet this legal standard, they can dismiss the charges.
Moreover, you could potentially get your DUI charges dismissed if the police lacked probable cause for stopping you or for making you submit to a BAC test. If this is the case, an experienced lawyer can file a motion to suppress this evidence as it was illegally obtained, meaning it’s inadmissible in court. In addition, if there was a problem with the breathalyzer test, it could have given an inaccurate reading. Ultimately, if there is insufficient evidence to support the charges, with the help of a qualified lawyer, you could get your charges dismissed.
If you’ve been charged with DUI, it’s in your best interest to retain the legal services of a skilled Nassau County DUI lawyer from the legal team at Grunwald & Seman, P.C. Our firm is prepared to fight on your behalf to protect you from an uncertain future.