For most New York residents, consuming alcohol is an occasional habit. Having a drink or two with fiend or colleagues is a great way to unwind. However, when consumption increases and an individual decided to get behind the wheel of a vehicle, this can present issues. Even when a driver believes they are still able to drive a vehicle safely, this does not mean they are under the legal limit to operate a motor vehicle. If law enforcement stops a driver while they are under the influence of alcohol, he or she could face a drunk driving charge.
No one is immune from criminal charges. This means that individuals from all walks of life could be accused of committing a crime. Whether the charges are minor or severe, it is possible to even have criminal allegations harm the personal and professional reputation. And when motorists are pulled over for a suspected drunk driving, it is vital that they take the matter seriously, as a DWI conviction could result in harsh penalties.
To the untrained eye, many drunk driving cases can seem pretty open and shut. The police can make claims of seeing a driver acting intoxicated, which may be corroborated by witnesses and field sobriety, breath and blood tests can all point to a blood alcohol content that is beyond the legal limit. Yet, the truth of the matter can be quite different. Prosecutors often run into evidentiary issues that, when properly exploited, can lead to decreased or dismissed charges, or even an acquittal at trial.
Being accused of drunk driving is no small thing. Merely being accused of such a crime can cause damage to an individual's reputation. A conviction, though, can wreak havoc on a person's life. Depending on the severity of the offense, a conviction could land an individual in jail or prison for a long period of time, sometimes even years. Fines, too, can cause damage, throwing one's financial stability into a tailspin. This can be exacerbated by license suspension or even license revocation, making it difficult for an individual to get to work or school. Felony DWI convictions, while imposing stricter penalties, can also leave one's record marred for the long-term, which can cause a ripple-effect of damage. For example, it can limit one's employment opportunities.
The holiday season is here, and along with it comes social gatherings and happiness. New Yorkers need to be aware, though, that police patrols often increase this time of year as the authorities try to crack down on drunk driving. As we discussed in a previous post, the penalties handed out upon a drunk driving conviction can be burdensome. You might wind up facing jail time, license suspension, license revocation and mandatory installation of an ignition interlock device. These penalties, when taken together, can wreak havoc on your personal and professional lives, which is why it may be imperative for you to seek a strong criminal defense attorney when facing these types of allegations.
Being accused of drunk driving is no small thing. A criminal conviction on one of the many criminal offenses related to drunk driving can negatively affect an individual's life for years to come. Jail, prison and fines may all be real potential penalties, and a conviction can cause severe damage to one's reputation. Fortunately, there may be criminal defense options available to those who are accused of these crimes, but the first step to crafting a compelling legal strategy is to be aware of the law. We hope this post proves informative in that regard.
If you're facing drunk driving charges, then you were probably subjected to field sobriety tests which the police claim you failed. Prosecutors will use this evidence in an attempt to obtain a conviction, whether through plea negotiations or trial. However, simply because the police say you failed a field sobriety test does not mean that you will automatically be convicted of the crime for which you have been charged. Oftentimes, strong criminal defense options are available to those who are in this position, which may allow them to avoid the harshest penalties, or even all of them.
Anytime a car accident occurs, the police investigate to determine if any criminal wrongdoing occurred. Those who become the subject of one of those investigations can be in for an uphill battle. Although an individual should be considered innocent until proven guilty in a court of law, too many times the court of public opinion issues its ruling first. This can leave criminal defendants struggling to raise reasonable doubt with regard to the criminal charges they are facing.
There can be many parts to a DUI prosecution. First, prosecutors may have to show that the initial stop that led to the arrest was legal. Second, they will likely have to prove that evidence collected by police officers, as well as witness accounts, is enough to demonstrate that the accused individual is guilty beyond a reasonable doubt. Although this is a high burden of proof to meet, many individuals who are accused of drunk driving may find themselves facing evidence that seems nearly impossible to overcome. However, even the strongest evidence can have weaknesses that can be successfully attacked to protect a defendant's legal rights.