If you’ve been arrested for driving while under the influence (DUI) in New York, you should not take these charges lightly. These offenses can result in harsh consequences that can haunt you for the rest of your life. Although you may think all hope is lost, with the help of an experienced Rockland County DUI Attorney, it’s possible to have your charges reduced or dismissed. Please continue reading to learn when DUI charges may be dismissed in New York.
What are the potential consequences?
If you’re found with a blood alcohol concentration of 0.08% or greater, you will likely be charged with DUI. The laws are stern against drunk driving as they aim to prevent subsequent offenses. It’s crucial to keep in mind that each DUI charge you receive, the harsher the consequences you will face. That said, the following include but are not limited to the potential consequences of a first-offense DUI:
- Possible fines ranging from $500-$1,000
- Potential enrollment in the New York Impaired Driver Program (IDP) and associated fees
- Possible jail time of up to one year
- A license revocation for at least six months
- Possible installation of an ignition interlock device
When can you get DUI charges dismissed in New York?
As you can see, DUI charges carry heavy consequences that can negatively impact your life. It is, therefore, of the utmost importance to aggressively challenge these charges to avoid harsh penalties.
After you acquire quality legal representation, your attorney will examine the circumstances surrounding your arrest to determine the best course of action. The prosecution is burdened with providing a criminal defendant’s guilt beyond a reasonable doubt. If they do not have sufficient evidence to convince the jury without any uncertainty of a defendant’s guilt, they may dismiss the DUI charges.
Moreover, if the police lacked probable cause to conduct a traffic stop or make you submit to a BAC test, then the evidence collected would be inadmissible. Your attorney can file a motion to suppress that evidence, which could leave the prosecution with insufficient evidence to support the charges, resulting in dismissed charges. Any evidence that is obtained illegally cannot be presented at trial. In addition, if there was a problem with the breathalyzer test, it could result in an inaccurate reading. This could make the jury question whether the evidence collected is valid.
If you’re facing criminal charges for DUI, please don’t hesitate to contact a determined attorney from the Law Office of Carl Spector, who can help protect your rights. We will work tirelessly to help you achieve the best possible outcome for your case. Allow our firm to represent your interests.