According to the
New York State Department of Motor Vehicles, driving under the influence is a crime that in punishable by law. If
convicted the driver may have their license suspended, face fines, and
depending on the charge, face time in jail as well.
They claim that a person is considered to be unfit for driving based on
the following five premises:
- How much alcohol has been consumed by the driver
- What they ate during their time of drinking
- How long ago the driver consumed it
- How much they weigh
- How tall they are
Each person handles alcohol in various ways, and this is why the police
will determine whether you are impaired to drive by your blood alcohol
content (BAC) level. In the state of New York, any driver with a BAC over
0.08% is considered to be under the influence and unfit to be on the road
behind the wheel. New York is also a state that charges for aggravated
DUI if the drivers BAC level was over .18%, resulting in more severe penalties
How can you defend your rights?
While no outcome can ever be guaranteed, with the help of a skilled defense
attorney who has experience fighting
DUI charges your chances may increase. At Musa-Obregon & Associates we are a criminal
defense firm with years of practice under our belt and have many tactics
that can be used in order to defend your case and fight for your innocence.
Here are a few tips to consider when you are accused of driving under the
First off, hiring a DUI defense attorney is crucial. Don’t rely on a representative of the court who is appointed to
you, they may have no experience fighting these charges. By contacting
a firm that has dealt with many cases, you are starting the process out
Second, your attorney can investigate your initial arrest. At our firm we believe that adequate research is necessary in any trial
and we want to make sure from start to finish that we understand every
detail so that we can properly defend on your behalf. At the time of the
arrest we will go through to make sure that the arresting officers saw
to it that your Forth Amendment rights were considered.
Third, we will consider whether or not reasonable suspicion was used in
order to pull your car over and arrest you. You are prevented from unreasonable search and seizures. The officer must
be able to state clearly why they pulled your vehicle over whether it
is because of reckless driving, or breaking a law, etc. there must be
a probable cause.
Fourth, we can make sure that the officer at the scene read you your Miranda
Rights before arresting you, because every individual has the right to stay silent until their attorney
is present. If the officers fail to read you your rights then as your
attorney would then seek to dismiss any evidence that was accumulated
during the period your rights were violated.
Fifth, we can take a look at your BAC test that the officer gave you at
the time of the arrest. Many times the breathalyzer tests are not reliable and therefore their
accuracy may be questioned. Also, some states allow drivers to have the
right to be tested by their personal physician for blood alcohol content
levels. Unfortunately, the reliability of an officer on duty may not always
be the greatest, and because of this our firm will look into their backgrounds
in order to determine whether their testimony of the arrest is trustworthy.
This often includes looking into their history and past arrests, and perhaps
it can be used to defend you in court.
Protect Your Rights – Retain Our Aggressive Defense Attorneys
There are situations by which the evidence against a driver accused of
driving under the influence may be too thorough and in that case your
lawyer would then seek to help you plea bargain. This is done in the event
that your case can’t be dismissed or you prove not guilty in court,
and your lawyer would then seek to lessen your punishments by offering
a plea instead. This may reduce fines or the possibility of jail, etc.
all depending on the charges that you face. Though, with the help of a
skilled DUI defense attorney all hope is not lost!
Musa-Obregon & Associates today for more information regarding your DUI charges. We want to help