Charges for driving while intoxicated are not just simple traffic violation. The state of New York is very serious about combating intoxicated driving, and going through the process of adjudication is more than just frustrating. A conviction for driving under the influence is a serious criminal charge that can result in much more than fines and incarceration in aggravated cases. Even borderline cases that are prosecuted on blood alcohol content levels around the .08 national level can be devastating to the defendant. It is important to understand that the charge will be publicly viewable in addition to any conviction and criminal record, unless it is expunged. If you or a family member has just been arrested for drunk driving, call Queens drunk driving defense attorney Jason Steinberger – 646-256-1007.
Potential for Multiple Charges
The potential for multiple charges is always present when being charged with a DWI or DUI. Driving under the influence of alcohol is usually filed in most borderline BAC cases, but driving while intoxicated covers a much broader range of chemical impairment. Arresting officers can request a judge to issue a warrant for blood work in severe cases. The dynamic is a bit different, but there may also be charges for possession of an illegal substance when the blood reveals specific medications or illegal drugs. A legal prescription is not authority to drive under the influence of that medication. Wanton endangerment charges can also be filed in certain situations, as well as driving without a valid operator’s license when the defendant has had driving privileges suspended.
Potential Devastating Lawsuits
In cases where there are very serious injuries or accident fatalities involving a drunk driver, a lawsuit can ruin the life of the defendant. Individuals with significant assets can be sued beyond the level of insurance coverage and be required to forfeit property for the balance. Retaining an experienced and effective criminal defense attorney is imperative in these cases, and especially in the state of New York. Vehicular manslaughter can result in a penalty of up to a 20-year term in a state penal institution. The ability of a solid criminal defense attorney can make a difference. Do not count on a public defender working overtime on a vehicular manslaughter case that is obviously provable by the District or State Attorney.
Defending a Standard DUI Charge
Defending a charge for driving while intoxicated can be a difficult task, but cases that are prosecuted on weak evidence can often be negotiated. Once again, the skill of the attorney to dispute the evidence is critical. A novice defendant has no chance for an acquittal or plea bargain when representing themselves against an officer’s testimony. An aggressive attorney can question the officer with more success because they understand the rules of admissible evidence by virtue of the fact that the lawyer is also an officer of the court. They hold the same power as the officer in presenting evidence, and even more so when defending in a trial. Prosecutors are much more willing to reduce a charge to reckless driving if the material case evidence is questionable. Reckless driving can still result in a fine and driving point applications, but incarceration can be avoided and the conviction does not count as a DUI or DWI conviction. The same is true when a chemical intoxication charge can be reduced in a plea agreement.
Driving under the influence is no laughing matter in Queens, and it is important to defend yourself at all costs. The expense of an attorney is an investment in your future and can be very well worth it when serious intoxicated driving charges can severely impact your life. Always get an attorney, and always get a good one with a proven track record of protecting all of the legal rights of their defendant client – Jason Steinberger is just such an attorney – call 646-256-1007 to speak to him any time, day or night, every day of the year.