DUI Attorney Buffalo NY
Buffalo is a great town with a vibrant nightlife. The bars serve drinks till 3 a.m. and Allen and Chippewa are always humming with activity. Those who attempt to drive home after a night out can find themselves in serious trouble if they cause an accident or injure someone else. Even if they do not injure others, they face stiff penalties for getting caught driving under the influence. Consider the following New York DWI/DUI laws and what you should do if you have been charged with this serious crime.
DUI Limits in Buffalo NY
Federal guidelines establish that a driver is impaired when their BAC is greater than or equal to .08%. For commercial drivers, that number is only .04%. For minors under the age of 21, the number is .02%. That is because the range of error for breathalyzer tests is .02. So, if you blow a .02 the police cannot eliminate the possibility that you are completely 100% sober.
In addition to DWI, you can be charged in New York with DWAI. DWAI is driving with your abilities impaired. If your BAC is above .05% but below .08%, you can still be charged with unsafely operating your vehicle.
Lastly, you can be charged with aggravated DWI if your BAC is .18% or higher.
Penalties for DUI in Buffalo NY
There are three classes of penalties for driving under the influence of drugs or alcohol in the State of New York. These are:
- Criminal penalties - Criminal penalties include fines and in very serious cases, jail or prison time. For incidents in which there is a minor in the vehicle or someone was injured or killed as a result of drunk driving, actual prison time is not out of the question.
- Administrative penalties - Administrative penalties are consequences handed down from the DMV. These include the loss of your license, a requirement to install an ignition interlock device to start your car, DUI school, and other license reinstatement requirements.
- Civil penalties - If you damage someone else's property or injure them while you are under the influence of alcohol, you can be held liable for any injuries or death you cause. You will also see your insurance premiums spike exponentially.
Defenses to DUI/DWI/DWAI in Buffalo NY
Having a skilled and experienced criminal defense attorney manage your case improves your chances of resolving the situation without permanent consequences to your record. While you will have to pay for any damage you cause, and your insurance premiums are likely to go up, a DUI attorney gives you a real chance to fight the charges. There are numerous ways to do that. They include:
- Challenging chemical tests - You cannot refuse a chemical test without serious consequences, but you can challenge the validity of the results in court. A skilled DUI attorney understands the science behind the chemical tests and will know if the test was not performed correctly, making the results inadmissible.
- Challenging the validity of the stop - Police cannot stop vehicles on the road without probable cause. A skilled DUI attorney will know if a probable cause argument will work in your case.
- Challenging the validity of field sobriety tests - Field sobriety tests are not accurate and have no scientific merit whatsoever. If they form the basis of a prosecution against you, a skilled DUI attorney can make the charges go away.
Talk to a Buffalo NY DUI Attorney Today
If you have been charged with DUI in Buffalo, call Daniel J. Dubois, Esq today to discuss your situation with a seasoned professional. We can certainly help get the charges reduced or tossed out on their merits. Call today to learn more.