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.

Resource Box:

Drivers alleged to have violated New York DUI laws may seek the legal advice of Atty. Jeffrey Jowdy. With over a decade of experience, the lawyer is equipped with the skills to aggressively defend against a Westchester DUI case. Also practicing in Putnam and Dutchess, Atty. Jowdy may be contacted by visiting http://www.1800duilaws.com or calling 1-800-DUI-LAWS.

This article is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. DUI lawyer listings are a paid DUI attorney advertisement and do not in any way constitute a referral or endorsement by an approved or authorized lawyer referral service other than 1.800.DUI.LAWS.

Jeff Paul is a writer and copy editor who likes to share information on many different topics.

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