Driving under the influence of drugs or alcohol is a serious offense in the Empire State. Field sobriety tests (FSTs) are a customary technique used by law enforcement to assess a driver's level of intoxication during a traffic stop. While these tests can provide...
Have You Been Charged With A Serious Crime?
Dui
2 mistakes that you should never make during a DUI stop
Drunk driving is a serious offense with far-reaching personal and legal implications if you are convicted. Even if you are not caught, drunk driving is a serious safety risk to yourself and other road users. Whatever you do, do not operate a vehicle under the...
Will you get fired over a DUI conviction?
If you get pulled over because the police suspect that you are driving under the influence, your first concern is likely that you are going to get arrested. You may have to call someone and have them pick you up. It can damage your reputation, and you may end up...
Should you accept a plea deal if you are charged with DUI?
Whether it is your first or third, a drunk driving charge can set you up for a lot of uncertainties. If you are formally charged with driving under the influence, you understandably want to do everything in your power to get out of trouble and move on with your life....
What leads police officers to suspect drunk driving?
Reasonable suspicion is a legal standard that allows law enforcement officers to initiate a stop or conduct a brief investigation. This must be based on specific and articulable facts, that a person has been, is or is about to be engaged in criminal activity....
How to challenge field sobriety tests
When a driver is stopped on suspicion of driving under the influence (DUI) of alcohol, the police may use field sobriety tests (FSTs) to assess balance, coordination and ability to pay attention to more than one task. The results of these tests can be used as evidence...
What does New York law say about driving while intoxicated?
Driving while intoxicated is a serious offense that poses a significant risk to the driver, passengers and others on the road. In New York, as in many other jurisdictions, the law is clear about the consequences and penalties associated with driving under the...
Understanding the DMV refusal hearing after arrest
DMV refusal hearings are administrative proceedings held by the Department of Motor Vehicles (DMV) following a DUI (Driving Under the Influence) arrest. These are scheduled when a driver has refused to submit to a chemical test such as a breathalyzer or blood test....
Is a red face proof of alcohol consumption?
Introduction: In DUI (Driving Under the Influence) stops, law enforcement officers rely on various signs and symptoms to determine if a driver is impaired. One commonly observed physical indicator is a red face associated with alcohol consumption. However, the...
There are many different reasons for a traffic stop
In the vast majority of situations, the police need to have a reason to pull over a car. They cannot make a random stop. That would be a violation of the driver’s rights. For instance, a police officer may be tempted to drive around in a local bar district after 2:00...