New York Second Drunk Driving Arrest - Can I get the charges dropped?[caption id="" align="alignright" width="300" caption="Image via Wikipedia"][/caption] If you have been arrested for drunk driving in New York you might be wondering if the state has a good DUI case against you or if there is a chance that the charges might be dropped. There are several considerations which should be discussed with your drunk driving lawyer.
Probable Cause for a Drunk Driving Arrest in New YorkThe first thing to consider is whether the office had probable cause to make the DUI stop. For example, if you were driving erratically, speeding, weaving in and out of traffic or running red lights the state can argue that a reasonable person could assume that you were impaired by drugs or alcohol and the police officer had probable cause for your drunk driving arrest If you were stopped at a random DUI checkpoint and displayed no signs of impairment, the state will have a more difficult time proving probable cause.
Did you have actual physical control of the car?Many drivers are arrested for drunk driving but they are not actually physically driving the car. If you have been arrested but you can prove you did not have actual physical control of the car you might can have your DUI case dismissed. In some states actual physical control can be established if the driver is in the car or on the car and they have the capability to drive the car (keys in their pocket or in the ignition or the car is running).
How high was your Blood Alcohol Content (BAC) Level?If the state can prove that the police officer had probable cause to make a drunk driving arrest, you were in actual physical control of the car and your blood alcohol content level was above the illegal limit of 0.08% than they have a strong case against you (assuming the state can prove that the blood alcohol content test was administered correctly). If, however, you are able to complete all field sobriety tests and the blood alcohol content test registers a low blood alcohol concentration than the states case is not as strong.
The breathalyzer test machine was inaccurateBreathalyzer tests can be challenged in a variety of ways. Many machines have been found to be unreliable. If for instance your breathalyzer test and the chemical test at the police station show a wide discrepancy in your blood alcohol content this can weaken the states drunk driving case.
Can I get the drunk driving charges dropped?The first thing to do is talk to a drunk driving lawyer. Discuss the topics in this blog and determine how strong the states case is against you. If you live in the state of New York and you have had a drunk driving conviction in the last 10 years, this will be your second DUI. For a second New York drunk driving conviction you will be charged with a Class E Felony. You can expect to pay $1,000 to $5,000 in fines, have your license revoked for at least one year and the court will require an installation of an ignition interlock device and alcohol assessment classes. Jail terms range from 5 days (unless allowed to perform 30 days of community service) up to four years.
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