If you are facing a DUI in New York, the circumstances may feel insurmountable. It’s crucial to remember that you have rights and an experienced Rockland County DUI Attorney can guide you through your options to help you achieve the best possible outcome for your case. Please continue reading to learn how we can help you fight to have your charges reduced or dismissed.
How is a DUI Defined in New York?
Driving While Under the Influence (DUI) charges should not be taken lightly. These offenses can result in harsh penalties that haunt you forever. Upon a conviction, you can be subjected to steep fines, installation of an ignition interlock device, driver’s license suspension, and even jail time. New York law considers the following groups impaired based on specific BAC thresholds:
- Motorists over the age of 21 with a BAC of 0.08% or higher
- Motorists over the age of 21 who operate a commercial vehicle with a BAC of 0.04% or higher
- Motorists younger than 21 with a BAC of 0.02% or higher
You should note that if you have any amount of alcohol in your system, you can still face a DUI charge if the police determine it has impacted your ability to drive safely.
How Can I Have My DUI Charges Reduced or Dismissed?
While a DUI charge in New York can potentially be reduced or dismissed, it’s not an easy task. However, with the help of a skilled criminal defense attorney, you may be able to negotiate a plea bargain. Your attorney can analyze the specifics of your case and leverage that information during negotiation, so it’s not advisable to attempt this process on your own. A plea deal will require you to plead guilty to a crime in exchange for a reduced sentence or other benefit. The court is usually more willing to accept a plea bargain if you are a first-time offender with a low BAC and there were no accidents involved.
It’s important to note that in New York, DUI charges cannot be reduced to lesser offenses like reckless driving. However, under certain circumstances, a DUI charge may be reduced to a driving while ability impaired (DWAI) violation. This is not a crime but rather a traffic infraction. The penalties are similar, but a DWAI will not result in a criminal record.
Nevertheless, your attorney can also challenge the evidence raised against you to get your charges dismissed or reduced. An attorney can help you pinpoint weaknesses in the prosecution’s case and file a motion to suppress evidence that was illegally obtained. For instance, if there was no probable cause for your arrest, if the field sobriety tests were not administered properly, or if you have a medical condition that affected your performance on the tests, you can contest the evidence.
If you believe your rights were violated such as being subjected to an unreasonable search and seizure, you can fight to have the evidence unconstitutionally collected deemed inadmissible in court, tweaking the prosecutor’s case against you. This can ultimately lead to reduced or dismissed charges.
At The Law Office of Carl Spector, we understand how difficult these matters can be, which is why we will fight tirelessly for a favorable outcome. Connect with our firm today to learn how we can advocate for your rights and protect your interests.
