16 Aug 10 New York DUI Laws Require Immediate Legal Assistance

New York DUI laws are among the toughest in the country, and an arrest under the suspicion of drunk driving will trigger two separate cases: a DUI court case which can result in a criminal record if convicted, and a DMV case which may lead to the suspension of the driving privileges of the accused.

A Westchester DUI case may be filed against a driver for two possible reasons. First, if he is found to violate the New York "per se" law, which bases the driver's level of intoxication solely on his blood alcohol content or BAC. Second, a DUI case may be brought upon the driver under what is later termed as "common law theory".

Arrests made based on the common law theory do not require measuring drivers' blood alcohol level, and are instead contingent upon the opinion of the arresting officer. Upon trial, though, the prosecution has to establish that the driver is indeed intoxicated to result in a guilty verdict. Under Vehicle and Traffic Laws, intoxication is defined as a condition wherein the driver lacks the needed mental and physical skills to remain prudent and reasonable while operating a motor vehicle.

What sets New York DUI Laws apart from those of other states is that it allows individuals arrested for suspicion of drunk driving to consult with a DUI lawyer if they should take the chemical test or not. While getting the chance to call and obtain legal advice may work to the advantage of the accused, this is only a "qualified right". As such, police officers need not wait for the lawyer to arrive before administering the chemical tests or filing the Westchester DUI case.

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Drivers alleged to have violated