Criminal Defense Lawyers & Police Misconduct Attorneys

Common DUI Concerns during the Holidays

With Labor Day just around the corner, New York residents are preparing for the end-of-summer festivities. While this may be one of the most enjoyable weekends of the year, it is important that partiers know how to stay safe and avoid DUI charges.

Chicken and shrimp cooking on at backyard barbecue grill.

According to the Department of Highway Safety and Motor Vehicles, any motorist over the age of 21 in New York whose blood alcohol content exceeds .08 is driving under the influence. A conviction could come with steep fines and even jail time.

If you would like to speak with a DUI attorney in New York City, contact Goldberg & Allen, LLP. Our lawyers can assess your charges and build a defense that represents your interests. Call us today at 212-766-3366 for a free case review.

In the meantime, read on to learn more about DUI concerns during the holidays:

Roadside Sobriety Tests: You Do Not Have to Comply

If police pull you over and question you on suspicion of driving under the influence, it is undoubtedly a stressful experience; however, it is important to understand that you have the freedom to decline answering any questions until there is an attorney present. You can also refuse to participate in roadside sobriety tests. Simply stating that you are uncomfortable taking the tests or answering questions without an attorney present is sufficient.

The Two-Drink Rule Is Unreliable

If your BAC is under 0.08 percent, you are over the age of 21 and you are not operating a commercial vehicle, then you can legally drive. For some drivers, the two-drink rule is enough to keep their BAC in check; however, this is not the case for everyone.

There are countless factors that affect how your body responds to alcohol, including your age, weight, gender, overall tolerance and even the food in your stomach. As a result, it may take as little as one drink to surpass the legal limit. You should keep that in mind if you have volunteered to be the designated driver.

The Penalties for Refusing a Breath Test

Much like answering questions or participating in roadside sobriety tests, you have the option to decline a breathalyzer test. If you refuse, though, it is important to understand that police will suspend your license immediately. While having a suspended license may be a major inconvenience, keep in mind that refusing a breath test will limit the amount of evidence the state will have against you.

If you do blow over .08 on a breath test, you still have options when it comes to fighting the charges. For many people, though, declining the test is often the best option.

If you would like to speak to a New York City DUI lawyer about your case, contact Goldberg & Allen LLP. We can evaluate your charges, gather evidence and aggressively fight for a positive outcome to your case. Call us today at 212-766-3366 to arrange your free case review.

By |2017-08-31T17:43:45+00:00August 28th, 2015|Blog, Criminal Attorney|Comments Off on Common DUI Concerns during the Holidays

About the Author: