In New York, operating a vehicle with a blood alcohol concentration (BAC) of 0.08% is considered driving while under the influence (DUI). If you have been charged with a DUI, you will likely be subjected to harsh penalties. You may feel overwhelmed by the uncertainty of how a DUI trial may play out. It is important to note, however, that not all DUI cases proceed to trial, which can significantly influence the outcome of a case. Keep reading to learn what factors could impact whether your DUI case goes to trial and discover how a proficient Rockland County DUI Attorney can help you understand this legal process and potential penalties.
What factors influence whether my DUI case is brought to trial in New York?
When charged with DUI, it is imperative to understand how this criminal offense is classified under the law. DUIs are classified as misdemeanors. Therefore, those accused have the right to a jury trial. Despite being entitled to a jury trial, not every DUI case proceeds to a trial. Whether a trial will take place depends on how you plead to the alleged charges. Essentially, whether you plead guilty or not guilty. If you plead guilty, you are accepting the charges. As a result, a trial is not necessary. If you plead not guilty, proclaiming you are innocent, the case will move forward to a trial where the prosecution must prove your guilt beyond a reasonable doubt.
It is important to note that you should never plead guilty to the alleged charges without consulting with an experienced criminal defense attorney. In some cases, your attorney may advise you have a better chance of reduced or dismissed charges undergoing a trial. In other cases, your attorney may be able to negotiate a plea bargain that helps you reach a lesser sentence. Finally, during a trial, your attorney may file a motion to suppress evidence. If successful, it can bar the prosecution from using certain evidence against you, which can weaken their case. Ultimately, you should never plead guilty until you’ve spoken to a qualified attorney who understands all of the available options and can advise you on the best course of action to achieve a favorable outcome.
What are the potential penalties?
If you have been charged with DUI, you will face serious penalties that will negatively impact your life. If this is your first offense, you will likely be subjected to fines of up to $1,000, mandatory enrollment in the New York Driver Program (IDP), 6-month driver’s license revocation, and 1 year of jail time. If this is your second offense, you will likely be subjected to fines of up to $5,000, mandatory enrollment in IDP, 1-year driver’s license revocation, and 1 year of jail time. If this is your third or subsequent offense, you will be subject to fines of up to $10,000, potential permanent driver’s license revocation, and up to 7 years of jail time. To prevent these harsh penalties, it is in your best interest to retain the legal services of a determined Rockland County DUI attorney.
For more information on DUI cases, please contact one of our adept team members. Our firm is dedicated to defending our client’s rights and interests.