Basically, lawyers and attorneys specializing in DUI cases do not encourage the act of driving while under the influence of liquor or other drugs. In California, almost everyday, there are numerous drivers who are found guilty of driving under the influence. Actually, facing a DUI case is not as easy ; this is already considered as a crime. One of the lawyers in California shared that he use to defend clients everyday because they are being caught, he said that he strongly advocate the enforcement of DUI laws because the consequence could affect the family as well to the society.
Rules in the DUI Laws
Police officers has no right to catch you while you are driving without a probable cause. It means that they must have bases before they will interrogate you. At first, if they notice that you are swerving and driving carelessly in the highway, public road and the like, it would be the time for them to stop you and check your real situation while you are driving. Then, they will test your blood alcohol level to determine the amount of alcohol in your body. Most States in America has a rule that if your alcohol content reaches to 0.08, you will be considered as intoxicated and there is a consequence for that.
Anyway, let us make the statement clear. Driving carelessly will not consider you as a violator of the law, not unless if you had damaged several properties and hit on people in the road as well as if you are proven guilty of DUI. Most often, police officers are given tips that you are driving under the influence, and the probable cause may be the way you drive. Well, as what I mentioned earlier, there is a test for you in able for them to decide whether a jail for you is a necessity or not. But before that test, the police officer will interrogate you and if he or she detects even a minimal sign of intoxication, he or she will ask you to take that certain test (field sobriety and chemical testing). More often, “Breathalyzer ” is being used legally. Hence, this test may not be one hundred percent accurate so you can also request for a blood test. But then, you have to be aware that most states are requiring the drivers ( who are caught of DUI) to surrender their license if there is a special test .
DUI Defense
You have to know that the conviction on a charge of drunk driving or driving under the influence of alcohol and other drugs will lead to serious and unforgettable consequences. As what I mentioned earlier, this is not just a violation of the law because it is already considered as a crime. That is why, you need a legal counsel who could able to defend you in the court. But then, you must also participate for your defense that is why understanding some basics of this kind of law is a necessity.
Always remember that you have a right to defend yourself in the court especially if there is a flaw on stopping you. Some examples are catching you without any probable cause, being caught because of anonymous tip and being forced of field sobriety test without a clear indication that you had been drinking.
In a recent study of the number of drunk driving offenders in the country’s 20 largest cities, New York City ranked 17. According to Insurance.com’s data, New York has fewer drunk drivers than major cities in California (San Diego, San Jose, Los Angeles and San Francisco) and Texas (Austin, San Antonio, Dallas, Houston and Fort Worth).
What makes New York’s numbers lower than these other major cities’? Several factors may be coming into play.
Availability of Public Transportation
New York City is known for its large public transportation system. From subways and buses that run all night, to taxis that are readily available at every corner, people who drink have numerous options for getting home safely.
New York City is a compact area, while a city like Los Angeles is spread out with sparser public transportation. In Los Angeles, a car is practically a necessity; in New York, a car may seem like a liability.
Publicity Surrounding Leandra’s Law
The provisions of the Child Passenger Protection Act, also known as Leandra’s Law, have gone into effect between late 2009 and mid-2010. Among other DWI penalties, the new law requires every driver who has been convicted of misdemeanor or felony DWI to use an ignition interlock device for at least six months.
The ignition interlock device, installed in the offender’s vehicle, measures the driver’s blood alcohol level (BAC) before the car can start. The car will only start if no alcohol is detected. The ignition interlock system can cost up to $100 to install and $100 a month to maintain.
It is likely, therefore, that Leandra’s Law acts as a deterrent to people who might otherwise drive drunk. Police in New York have been aggressive about making arrests under Leandra’s Law. A good deal of reporting has occurred on the subject, which may be helping to prevent drunk driving.
Continuing the Trend
As more DWI arrests are made under Leandra’s Law, the numbers for New York City could appear to spike in the future, lowering the city’s status on the top-20 list. More stringent enforcement, however, is likely to result in fewer overall DWI offenses and accidents.
If You Have Been Arrested for DWI
An arrest for drunk driving, particularly in New York City or greater New York State, has serious legal consequences. If you’ve been arrested, speak with an experienced DWI attorney right away to learn about your rights and the potential consequences.