Reader’s Question:

The law really confuses me and it made me even wonder more after my brother has been arrested for DUI here in Irondequoit, New York. What are the things that constitute a valid DUI arrest and what would be next stage following the arrest?

Blaze

Irondequoit, NY

The first stage of the DUI process is the arrest. So that the traffic stop would be valid, the stop must be supported by reasonable suspicion that a violation has been committed. The police officer should have a reasonable and articulable suspicion that a violation of the traffic laws has occurred in order to bring about a stop for DUI. Once a motorist has been stopped, the police officer should have a probable cause to believe the driver is intoxicated before they could make an arrest and conduct a breath test.

After your brother’s DUI arrest in Irondequoit, New York and if the Complaint is already filed, he would make his first appearance in court at Arraignment where he is informed of the charges against him. During the Arraignment, he is also informed of his rights under the law and enters a plea of guilty or not guilty. If he hires a DUI lawyer to represent him, the initial appearance could normally be waived. The arraignment could be “adjourned” by the DUI lawyer sending a letter of representation to the Court advising it that your brother is represented, were advised of his rights, and that he is entering a plea of not guilty.

Tags: drunk driving laws, DUI, DUI arrest, DUI lawyer

Reader’s Question:

I understand that there are gonna be two separate cases that I would have to face after being arrested for drunk driving in Clay, New York. What I don’t understand is why I should be charged two cases when I was only arrested once. Could you explain to me how come they would have to charge me two different cases?

Malik

Clay, NY

After your drunk driving arrest in Clay, New York, the two separate DUI charges you would have to face are being impaired while driving and the other one is having a blood alcohol content above the legal limit of 0.08%. In theory, if we would come to think of it, being legally intoxicated and being impaired require two different kinds of proof.

Regardless of the blood alcohol content, a person’s driving may be impaired if coordination and cognition have been substantially affected because of having alcohol in the system. One great example is administering the field sobriety tests. These tests, as many people claim, are meant to determine a person’s level of impairment. And on the other side of the spectrum, a person may be considered to have been legally intoxicated after the results of a chemical test of blood, breath or urine show a blood alcohol content above the legal limit.

Tags: drunk driving laws, DUI, DUI advice, DUI lawyer

Reader’s Question:

I know someone who was arrested for DUI here in Colonie, New York who did not call a lawyer when he was taken to the police station and he was told that it was the worst thing that he can do. If the same thing happens to me, do I have the right to a lawyer or a phone call when I’m taken to the station when arrested for DUI?

Aldin

Colonie, NY

You may, rather I would definitely say you should ask to see a DUI lawyer as soon as you arrive at the police station if you get arrested for DUI in Colonie, New York. Since you are already under arrest for DUI, anything you say might be used against you that is why you should not say anything without a lawyer present or booking at the jail. You have the legal right to make a phone call to a lawyer, bail bondsman and/or any relative or other person such as a friend.

The police should not listen to the call to your lawyer and any communications made to your lawyer. I strongly suggest that your call should be discrete and should be made in such a way that you cannot be overheard by any other person especially by a law enforcement officer. You should definitely pay attention to your surroundings when you are making the call and notice if the police or anyone else can overhear the conversation.

Tags: DUI, DUI advice, DUI arrest, DUI lawyer

Reader’s Question:

I was over the legal limit when I took the blood alcohol test after a DUI arrest here in Clarkstown, New York. How can we challenge the test results of my blood alcohol content?

Mack

Clarkstown, NY

There are several ways to challenge your blood alcohol test results after your DUI arrest in Clarkstown, New York. When properly investigated by a good DUI lawyer, he/she can question the blood alcohol test results and could provide a legal defense against the test results. The DUI lawyer can show that there was a problem with the machine and it could often be shown that the test results are not reliable and that errors and/or mistakes could have happened. Therefore, there could be a reasonable doubt that may exist to the accuracy of the test results in your DUI case.

Blood alcohol tests could also be challenged through the rising blood alcohol defense. You have to remember that the blood alcohol test is used to determine your blood alcohol content at the time of the driving and not after the driving. Also, it is generally difficult for the prosecution to prove that the testing equipment is infallible.

Tags: DUI, DUI advice, DUI arrest, DUI lawyer

Reader’s Question:

Earlier this morning, my sister has been arrested for DUI here in Mount Vernon, New York and we are getting ready to get her out of jail through bail. But we want to know first, is recognizance can also be applied in a DUI case?

Jesse

Mount Vernon, NY

After your sister’s DUI arrest in Mount Vernon, New York, she can be able to get out of jail after posting a bail. This is some form of a pledge to a court or property deposited in order to persuade the court to release your sister in jail. Your sister must understand that that she would have to return for trial or forfeit the bail and she can be considered guilty of the DUI charge if she fails to appear in court. In most DUI cases, bail money would be returned at the end of the trial, if all court appearances are made, whether the DUI suspect is found guilty or not.

Your sister is also possible to be released from jail through the “own-recognizance” law if no bail is set. Recognizance is employed usually to describe an obligation of record wherein your sister acknowledges (recognizes) that she owes a personal debt to the state. Your sister should avoid illegal activities and maintain close contact with the court. She may face jail or fines if any part of the agreement is violated.

Tags: drunk driving laws, DUI, DUI advice, DUI arrest, DUI lawyer

Reader’s Question:

Over a week and a half ago, I was charged with DUI here in Brooklyn, New York and I already decided to hire a lawyer. As a matter of fact, I have already talked to several of them. But why am I getting these letters from lawyers seeking to represent me. How did they attain the information that I have a DUI charge?

Becky

Brooklyn, NY

The US Supreme Court has a ruling that “commercial free speech” is protected under the First Amendment to the US Constitution. Your DUI arrest information is a public record and is available to any individual asking for it. Most law firms in Brooklyn, New York request the information and send a brochure to most people arrested for DUI. These brochures are approved by the New York Bar. The information on this brochure contains advice because some people would never find out how to file for a formal review and receive a business purpose license. Most people suspected for DUI receive a barrage of mass mailings and it becomes difficult for them to decide who they should hire to represent them.

The DUI lawyer that you will hire should impress you with his/her professionalism and knowledge and you should be comfortable discussing your case and concerns with the lawyer. If you are not comfortable when you meet with the DUI lawyer, it is not likely that the relationship will improve once you write the check to retain the lawyer. Many of DUI suspects are offended by this barrage of solicitations, especially since the majority of the letters focus on pleading guilty which is a resolution that should be rarely considered until all other viable options on the DUI case are explored.

Tags: DUI, DUI advice, DUI lawyer

Reader’s Question:

I know that my car insurance will be greatly affected after my DUI arrest here in Staten Island, New York. Is there a chance that an insurance company never finds out about my charge and will a DUI lawyer help me in any way with my car insurance?

Garrison

Staten Island, NY

Yes, of course, a DUI lawyer would be able to help you with your car insurance after your DUI charge in Staten Island, New York. The most important step for you now is get help regarding the legal situation as well as professional advice pertaining to a car insurance situation. Most large insurance companies would turn down people who have been arrested for DUI. But there are still some car insurance companies who are willing to help higher risk clients. Some insurance companies, believe it or not, never find out about a DUI arrest or conviction and as many as a quarter of driving convictions never show up on motor vehicle records. This happens because a conviction has been erased or because of lack of shared information between courts and motor vehicle departments. An insurance company has three years to cancel your policy or raise your rates if they miss the conviction.

After your DUI arrest, a DUI lawyer can help you on your car insurance. A DUI lawyer can give you direction and offer advice that will aid you in your time of need. Remember that a DUI charge can be so frustrating. So act now and start your search for great car insurance in New York. You can actually start to get online rate quote from this site.

Tags: car insurance, drunk driving insurance, DUI lawyer, insurance, SR22 insurance

Reader’s Question:

I was arrested for the first time because of a DUI offense in Buffalo, New York. Many had advised me to go and contact a lawyer to represent me in court. Will the court hold it against me if I hire a lawyer and contest my DUI charge and does that mean that my case will go to trial automatically if I hire a lawyer?

Parker

Buffalo, NY

Absolutely not, the court will not hold it against you if you hire a lawyer and contest you DUI charge in Buffalo, New York. It is actually your constitutional right to challenge any criminal allegations and related evidence that will be used against you. As a matter of fact, most judges are more comfortable presiding over cases, including DUI case, involving defendants who are represented by counsel, as lawyers are much more familiar and accustomed to the formalities and procedures of the court than self-representing defendants, whose lack of legal experience is often perceived as disruptive.

Also, if you hire a lawyer, it does not automatically mean that your DUI case will go to trial. In fact, the lawyer you will be hiring is just as important as to how they go about resolving your DUI case. A reputable lawyer who is well known for his DUI Jury Trial victories by the District Attorney’s office and his peers, much less apt to be challenged in the courtroom due to the likeliness of the Prosecutor’s defeat. The State actually seeks to try only cases that they are likely to win; an experienced trial lawyer acting on your behalf will likely thwart an effort to prosecute you to the fullest extent of the law.

Tags: DUI, DUI advice, DUI lawyer

Reader’s Question:

I haven’t actually been arrested for drunk driving here in Bronx, New York. But I know a lot of people who have already been charged with DUI. I’m just curious, can a person be convicted of a DUI without consuming alcohol? If ever I get arrested for DUI, should I take the field sobriety test?

Alma

Bronx, NY

In New York, anyone can be convicted of a DUI without consuming alcohol. That’s because a person can be convicted of DUI by being under the influence of a controlled substance (for example, marijuana or prescription medications), even legal prescription medications prescribed by a doctor, or any other substance that renders a person incapable of driving safely, which can include glues, paints, or even over-the-counter medications.

Should you be caught with drunk driving in Bronx, New York, you can refuse to take the field sobriety test (FST) for there is no reason to give a jury more evidence to convict. The police officer has normally already decided to arrest you anyway. FST just gives them more ammunition at trial, and the tests are completely subjective. However, if you do take the FST and fail, there are several means to attack that evidence at trial. One defense that you can use is if the procedures on FST’s are not properly followed by the police officer.

Tags: DUI, DUI advice

Reader’s Question:

My cousin was arrested for DUI in Queens, New York. He didn’t drink alcohol nor took any intoxicated substance before driving but the breath test detected that he had alcohol in his system. The police officer also saw on him symptoms of intoxication. How did this happen and in what ways can he beat the DUI charge?

Ethel

Queens, NY

If your cousin did not take any intoxicated substance before driving when he got arrested for DUI in Queens, New York, there are often innocent explanations for the symptoms of intoxication. Police officers often claim to have observed certain “objective symptoms of intoxication” in the DUI suspect. The list includes bloodshot and watery eyes, slurred speech, a flushed face and an unsteady gait. In any event, non-alcohol causes can often explain these observations. Fatigue, allergies and eye strain, for example, cause bloodshot eyes. Embarrassment, anger and nervousness over the DUI traffic stop cause flushing. Fluster and intimidation cause slurred speech.

DUI Breath alcohol testing machines also detect non-alcohol compounds, which they often mistake for alcohol. Among the compounds most commonly mistaken for alcohol are acetonitrile, diethyl ether, ethylene, isopropanol, nitrous oxide and toluene. The presence of any of these compounds in the person suspected for DUI would likely cause a false, or falsely high, blood alcohol reading.

Tags: drunk driving laws, DUI, DUI advice, DUI lawyer