drink driving new york law

DUI and DWI explained for New York State

This article is made for better understanding DUI and DWI in the New York State. If you are facing those charges you can better understand them before contacting Lawyers For DWI or DUI.

A DWI refers to when a driver is intoxicated; that is, when his or her blood alcohol content level (BAC) is at the legal limit (0.08 percent) or higher. A DUI generally refers to a driver who is “buzzed” (has a BAC lower than 0.08 percent), intoxicated, or under the influence of drugs.

Alcohol reduces reaction time, reduces your ability to see clearly, changes your judgment of speed and distances, often makes you less inhibited and makes you more prone to take chances. Drugs, which include many prescription and over-the-counter medications, can affect your ability to drive. They can have effects similar to alcohol or even worse. If you take medication, even a remedy for colds or allergies that is not prescribed, check the label for warnings about its effects. If you are unsure, ask your doctor or pharmacist about driving while on the medication.

Driving while intoxicated is a crime. Your judgment, coordination and ability to drive a vehicle change when you consume any amount of alcohol. The level of impairment depends on five conditions

  • the amount of alcohol you drink
  • the amount of food you eat before or while you drink alcohol
  • the length of time you drink alcohol
  • your body weight
  • your gender

There is no quick method to become sober. The best method is to wait until your body absorbs the alcohol. The average rate that your body processes alcohol is approximately one drink per hour.

Contact Lawyers at the Law Office of Kevin M. MacKay online or call 845-432-5599. Our firm also represents students at Vassar College, The Culinary Institute of America, and Marist students who are facing DWI charges.

DUI and DWI explained

Dutchess County DUI Attorney - Kevin M. MacKay

Dutchess County DUI Attorney – Experience Matters!

Dutchess County DUI Attorney – Experience Matters!

The experienced Poughkeepsie DWI defense attorneys at the Law Office of Kevin M. MacKay work relentlessly to protect individual rights in complex criminal charges related to drunk driving accusations. We take swift action to eliminate or reduce the consequences people face with regard to driver’s license suspensions, fines, incarceration and marks on a criminal record.

We will take the time to inform you of your rights in cases of DWIs (driving while intoxicated), DWAI (driving while ability impaired), cases of multiple DWIs and other drug and alcohol-related crimes throughout Dutchess County and surrounding areas of New York. Reach us online or by telephone at 845-462-0001 to schedule a free initial consultation.

Dutchess County DUI Attorney - Experience Matters!

As a New York DUI Lawyer who handles drunk driving cases from the Downstate New York, and all points in-between, I know that everyone’s first concern following a DUI arrest is to stay out of jail, and also to avoid as many of the penalties as possible, like losing your driver’s license.

My team and I will do just that.

More Knowledge and Experience to Help You plus

  • we will make sure you are not perceived by the court as having a drinking problem when you don’t. However, if you know, or even suspect, that your relationship to alcohol has grown troublesome, I can offer help unlike any other lawyer.
SMANDB Dutchess County DWI attorneys

The role of breathalyzers in Dutchess County DWI cases

The role of breathalyzers in Dutchess County DWI cases – If you are pulled over in New York and an officer suspects you of driving under the influence of alcohol, you will likely be asked to take a breath test. It is therefore a good idea to understand the role that a breathalyzer test plays and how to protect your rights from being violated if you are suspected of drunk driving.

The consequences of a DWI conviction in Dutchess County area

The penalties for a DWI conviction in New York can be very severe. Unlike with some other crimes, the state does not allow defendants to make a plea deals in order to avoid drunk driving charges or convictions.

The potential sentences vary, depending on the details of the offense at issue. Most people can expect to face potential fines, jail time, and either license suspension or revocation. For example, a first conviction for driving with a blood alcohol content above 0.08 but below 0.18 could result a six month license revocation, up to a year in jail and a fine between $500 and $1,000.

Individuals charged with aggravated DWI or a second or multiple DWI face more severe penalties. For example, a person arrested and convicted for a third time on an aggravated DWI faces up to a $10,000 fine, an 18-month license revocation and seven years of incarceration. Aggravated DWI is generally defined as having a blood alcohol content of 0.18 or higher.

Individuals who cause death or injury as a result of driving under the influence can face felony charges.

How breath testing is used

Breathalyzers, Intoxilyzers and other breath-testing devices are designed to provide an estimate of a suspected drunk driver’s blood alcohol content. While testing a blood sample provides the most accurate evidence of a suspect’s blood alcohol content, breath testing tends to be easier for officers to use.

However, there has been a lot of controversy over the accuracy of breath tests. A number of studies have shown that breath tests can falsely label people as intoxicated. In one study cited in an article by a professor at the State University of New York, a person spent an hour using paint and contact cement, and was then given a breath test. While the person had not touched any liquor, the tester showed him to be over the legal limit, mistaking the fumes that the person breathed in from the paint and cement for alcohol.

Other tests have shown that a breathalyzer can give inaccurate readings based on a number of outside factors including the following:

  • Temperature
  • Gasoline
  • Electrical equipment such as police radios and cell phones
  • Cleaning liquids
  • Blood in the person’s mouth from dental work or a cut lip
  • Tobacco smoke
  • Burping or vomiting prior to the test

With so many outside influences that can create an inaccurate reading, it is no surprise that so many people are questioning the validity alcohol breath testing.

Objecting to a breathalyzer

The issue also shows the importance of working with an experienced defense attorney after being accused of driving under the influence. The attorney will be able to evaluate the circumstances of the case and advise on all possible avenues of defense. If appropriate, the attorney can challenge the admission of potentially-faulty breath test evidence.

The role of breathalyzers in Dutchess County DWI cases