The state of New York takes drunk driving seriously and imposes significant penalties on individuals accused and convicted of driving with alcohol in their systems. It is important that drivers understand the laws if they are charged with drunk driving, but this blog does not provide legal advice and readers are asked to discuss their own cases with their personal attorneys.
One of the consequences that a New Yorker may face if they are convicted of drunk driving is the loss of their license. A license may be suspended, which is a temporary loss of one's driving privileges, or it may be revoked, which effectively terminates a person's driving privileges. When a person is convicted of an alcohol-based driving crime, it is not unusual for them to lose their driving privileges for at least some length of time. If a person is charged with drunk driving more than once, the length of time that they may lose their license may increase.
As some readers may not know, field sobriety tests are physical assessments that law enforcement officials implement to determine if drivers are operating their vehicles while intoxicated. Many jurisdictions, including New York, use several standardized tests to examine drivers' sobriety and, despite the relative common application of these assessments, mistakes are sometimes made. When problems arise in the field sobriety testing process, individuals may be wrongly accused of driving while drunk.
We’ve been looking in recent posts at the topic of texting while driving, and the proposal to allow police officers to use devices giving them the ability to search drivers’ phones to determine whether they were texting prior to an accident. As we noted, there are privacy concerns with this proposal.
Previously, we began discussing the widespread problem of texting and driving, and an emerging technology that could help address the issue. The Textalyzer, as we noted, would allow law enforcement officers to determine whether a motorist had been involved in texting while driving prior to a motor vehicle accident or a moving violation.
Last time, we began looking at some of the special issues that need to be considered in drugged driving cases, whether based on use of prescription medication or illegal drugs. First of all, we noted, because there is no legal limit associated with drugged driving, police officers rely on a variety of pieces of evidence to build a case for impaired driving.
Previously, we began looking at the fairly recent arrest of Tiger Woods for DUI and his subsequent statement that his impairment was due to an unexpected reaction to prescription drugs. As we mentioned last time, there are special issues to take into consideration with cases involving drug impairment.
New York readers may have heard that golf legend Tiger Woods was arrested at the end of May near his home in Florida and later charged with driving under the influence. According to police records, Woods had been asleep at the wheel with the car running, two of his tires flat, and damage to his vehicle.
Previously, we began looking at the penalties that drunken driving can face in the state of New York. As we noted, the specific penalties imposed on an offender—both in terms of jail time and fines, as well as license suspension or revocation—depend upon the specific charges against the driver and his or her criminal history.
In drunken driving cases where it is not possible to have the case dismissed or charges thrown out, the goal is to hold the state to its full burden in proving the alleged charges, and to minimize the penalties imposed in the case. The specific penalties involved in drunken driving cases depend on several factors.