If you are facing a DUI charge in New York, you have several factors to consider. Like other states, New York does not take drinking and driving lightly. Upon a conviction, you can be subjected to driver’s license revocation, enrollment in a state educational program, steep fines, the installation of an ignition interlock device, and even jail time. As such, it’s imperative to connect with an experienced Garden City, NY DWI/DUI Attorney who can help you navigate your legal options. Please continue reading to learn how our legal team can help you fight to have your DUI charges reduced or dismissed.
What Warrants a DUI Charge in New York?
Operating a motor vehicle while under the influence of alcohol or drugs is illegal and referred to as Driving Under the Influence (DUI). If a motorist’s blood alcohol concentration (BAC) is 0.08% or higher, they can be charged with a DUI. Even if your BAC is below the legal limit, you can still be charged with a DUI if you exhibit signs of impairment, such as slurred speech, erratic driving, or bloodshot eyes, and the police determine that your ability to safely operate a vehicle has been diminished.
Can I Get My DUI Charges Reduced or Dismissed?
While it’s possible to get a DUI reduced or dismissed in New York, it can be quite difficult. Depending on the strength of the prosecution’s case against you, your attorney may be able to negotiate a plea deal. This agreement entails you pleading guilty to a lesser charge in exchange for a more lenient sentence. Essentially, the penalties you face won’t be as intense. This is usually an option for those facing a first offense with a low BAC. It’s important to avoid negotiation with the prosecution without the assistance of an attorney. They can analyze the facts of your case and identify information to leverage during negotiations.
If a plea deal isn’t feasible, you can challenge the evidence against you in court to have your charges reduced or dismissed. When the police conduct a traffic stop, they need to have probable cause. In addition, you are protected from unreasonable searches and seizures. If you believe the police violated your rights in any way, you should inform your attorney. They can file a motion to suppress evidence that was illegally obtained, which could potentially weaken the prosecutor’s case against you. This can lead to a reduction or dismissal of the charges against you.
If you have been charged with a DUI in New York, it’s in your best interest to enlist the help of a skilled attorney from KCS Law, who can help you contest the charges and protect your rights. Connect with our firm today to learn how we can fight for you.
