Protecting Your Driving Privileges And Your Rights
Driving under the influence of alcohol has an incredible stigma attached to it. The police, prosecutors, judges and society, in general, have zero tolerance for drinking and driving. It is absolutely critical that if you find yourself under arrest for a drunk driving allegation, you do not face these charges alone.
If you or a loved one is accused of any of the subsections of drinking while intoxicated, do not hesitate to contact Konta, Georges & Buza, P.C., today. Our lawyers have helped countless individuals in all five boroughs of New York City protect their driving privileges and their rights. We are ready to mount an aggressive defense against drunk driving charges so that you can put this matter behind you.
The Details Of DUI Law Can Help You Defend Yourself
Under New York law, driving under the influence or “DUI” is called “driving while intoxicated.” It is a crime that the legislature, the police and the district attorney’s office all take very seriously. Many upstanding and productive members of our society find themselves in situations where they are accused of being drunk drivers, even in situations where they weren’t actually drunk.
A DUI arrest is not as cut and dry a procedure as it may sound. One of the reasons there is such a heavy stigma for DUI charges is that they do not realize it is very easy for police to charge someone with the crime even if they cannot prove they were intoxicated or if the inebriated person had no intention of driving.
One such situation is driving while intoxicated “per se” which is a crime punishable by up to a year in jail. The term “operate” has a unique legal definition. This definition is more expansive than most people would consider “driving” to mean. As far as the police are concerned, if a person is sitting behind the wheel of a car, the keys are in the ignition with the engine turned on, that person is “operating” a vehicle and can be arrested.
Proving DUI Or DWI
In New York, it is a crime to drive with a blood alcohol level of .08 or higher. It makes no difference whether the person’s ability to drive is actually affected by the blood alcohol level or if they were planning on actually driving the vehicle.
In a DUI case, the prosecution needs to prove:
- The person operated a motor vehicle
- The person did so when he or she had .08 of 1% or more by weight of alcohol in their blood
So how does the government prove that the person is driving with a blood alcohol content of .08 or higher? If an officer has a probable cause to believe a driver is intoxicated, whether it be by the way they are acting or the scent of alcohol on their breath, they can then proceed with DUI testing.
The breath test used in New York is called the “Intoxilyzer 5000,” which can measure a person’s blood alcohol level. This test, however, is not always accurate. There are several factors, which can influence the results of a breath test. As a former prosecutor, the firm’s lead attorney knows various means to challenge breath test results.
Our Firm Can Be Your Dedicated Advocate
If you or a loved one is accused of DUI or DWI in New York, you cannot afford to go to court without a skilled Manhattan DWI attorney. At Konta, Georges & Buza, P.C., our lawyers know what a difficult situation our clients are in. We will fight relentlessly on your behalf.