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DUI/DWI Archives

Factors that impact the accuracy of a breath test

If you have ever been pulled over on suspicion of drunk driving, you may have been asked to take a breath test. Typically administered by having you blow into a breathalyzer, which is an instrument used to determine your blood-alcohol content, the breath test gives law enforcement an idea of whether you consumed alcohol before getting behind the wheel, and if so, how much. While breathalyzers are believed by many to be highly accurate, they are not fool- proof, and breathalyzer errors have been known to occur. Given how high the stakes and how harsh the punishments are if you end up facing a charge of driving under the influence, it is important to understand the variables that may impact the accuracy of your breath test.

Travel safe and avoid a DUI this football season

It's football season! Fans across the nation have been anxiously for the National Football League to host the first official games of 2016 - and they were not disappointed. Week 1 kicked off with a bang, resulting in four games that were decided by just one point.

DUI breath tests: to refuse or not to refuse?

It is absolutely necessary that you can get to certain places every day. Your income depends upon you getting to work. Your children's education depends upon you getting them to school. Your family's health and well-being depends upon you getting to the doctor. There is a very good chance that you use a car to get to all of these places.

New York man faces felony DWI after driving with infant in car

Earlier this week, it was reported that a New York City man was arrested for allegedly driving drunk with an infant in his car. He is facing very serious criminal charges for the offense. There are only two situations in New York in which prosecutors have the ability to charge you with an aggravated DWI, and this is one of them.

Can a smartphone app save you from a DWI conviction in New York?

Drunk driving laws are very tough in New York. People often find themselves pulled over and being accused of driving while intoxicated when they feel like they are perfectly safe to drive. Some drivers even purchase personal breath test devices and read up on drunk driving laws so that they can get an idea of the point at which an officer might consider them legally intoxicated, because the legal standards seem somewhat arbitrary to them.

Probe of drunk driving survey shines spotlight on driver's rights

Last month, we discussed the controversy that has arisen regarding a federal roadside survey intended to gather information about drunk driving and drugged driving. The survey is facilitated by the National Highway Traffic Safety Administration, which has enlisted the help of both private contractors and local police departments. The contractors and police take motorists off of the roads across the country and ask them to provide blood samples, or breath or saliva samples. The goal of the survey is to learn how many Americans are driving drunk or while impaired by drugs, but motorists have complained that the methodologies are unconstitutional.

Did drunk driving survey violate the rights of drivers?

The Fourth Amendment protects U.S. citizens from unreasonable search and seizure. This means that the government does not have the right to search an individual or his or her property without consent or a warrant. There are certain exceptions to this rule, but in general the government may not intrude into the lives of citizens without probable cause.

Penalties for felony DWI convictions vary in New York

Last month, we discussed a drunk driving case that was receiving national attention. The case involved a teenager who was sentenced to 10 years of probation, and no jail time, for multiple counts of intoxication manslaughter. In the aftermath of that controversial sentencing, people all over the country, including here in New York, have been discussing DWI sentencing standards.

New York lawmakers aim to toughen drunk driving laws

The consequences for driving drunk in New York are severe. A conviction for a DWI can result in fines, a revoked driver's license, jail time and more. Nonetheless, New York state lawmakers think that the laws are not tough enough, and they are working to strengthen DWI penalties.

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