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DWI

New York DWI and DUI Offenses

Protect Your Rights With a Renown Manhattan DUI Defense Attorney

Driving Under the Influence of Alcohol has an incredible stigma attached to it. The police, prosecutors, judges, and society in general has zero tolerance for drinking and driving. It is absolutely critical that if you find yourself under arrest for a drunk driving allegation, you contact an experienced Manhattan DWI defense lawyer immediately.

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.

If you or a loved one is accused of any of the subsections of drinking while intoxicated, do not hesitate to contact the Law Office of John Buza, PC today.

The Details of DUI Law Can Help You Defend Yourself

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 what 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 is 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:

  1. the person operated a motor vehicle
  2. the person did so when he or she had .08 of one per centum 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 probably 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, our 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 defense attorney. At Law Office of John Buza, PC, we know what a difficult situation our clients are in and our lawyer fights relentlessly on their behalf.

You can call (212) 577-9328 to schedule a free consultation at our firm.

Awards

  • Top 100 Criminal Defense Attorneys
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  • Avvo Clients' Choice Award 2017
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