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The Strict DWI and DUI Laws in New York

Main gears of auto insurance in New York are the laws formulated by DMV New York with the help of courts of New York. One aspect of the insurance laws is DWI & DUI. To find charges of DWI and DUI on an individual, blood alcohol test or BAC is usually determined. Alcohol is absorbed in the blood at a very high rate,and intoxication depends on the rate of absorption. In case the alcohol absorbs rapidly in the bloodstream, the level of alcohol in the blood will increase fast.

If it gets absorbed slowly, you will not get high quickly. The higher is the intoxication the more likely there are chances of an accident. BAC reading depends on several complex factors. Researchers have verified various ways of measuring BAC. Below are few processes with their benefits & limitations. If you are convicted for DWI or DUI, the police officer will ask you for blood, breathe, and urine and saliva test. Through this, it can test and determine the blood alcohol level.

Implied Consent: The law in New York State requires the test of blood, urine, saliva or breath in the case of arrest for DWI. The implied consent law states that if a person is being lawfully detained by a representative who believes that you are driving while being intoxicated, then you have to take the urine, blood, saliva and breathe test in order to determine whether the charges were right or not, and to determine the amount of alcohol in your blood. Further, it depends on the officer which test they choose for you to take. The test chosen should be taken within 2 hours since you were driving. The offender can take other test of his own choice but first they have to submit the result of tests asked by the officer.

The DWI offender in NY might be asked for taking the test before they are actually arrested. If they have been caught into an accident, then the representative can ask them to take the breath test. In case the results represent the BAC limit is above the legal line i.e. 0.08%, then the representative will ask to take an additional chemical test. The offender cannot refuse to take the test, because if the officer arrests them and suspect of them as being intoxicated, they have to obey the law and orders of the officer. They cannot refuse penalty without submitting the test results.

Refusal of Taking the Test: Refusing to take the test can lead to severe charges. Once you are arrested while you were intoxicated, you have to take the preliminary tests and even the additional tests. Incase if you refuse to take the test, you will have to pay fine for refusal. When you refused for the first time, your driving license is suspended for almost one year. In addition, you owe $500 to the state. For other subsequent refusal, or in case you have been caught before the prescribed time limit, i.e. five years from the date of the first charge, your license will be suspended for almost 18 months. This time the fine you owe the state is almost $750.

In other case if you have given the DUI preliminary test and then refuse to take other test, you cannot be forced to take them. However if in any case, there have occurred some deaths as a result of the accident in which you were involved and you refuse to take tests, then the officer can get a court order that require you to take blood test. It is quite easy for officers to get a court order in this situation. It is better to take the test and submit the result rather than refusing and arguing.

Refusal of taking DWI test in State of New York: Usually refusing to take the test does not help. If you are arrested in conviction of DUI/DWI then you have to take the preliminary and mandatory test as well. . For a first DWI offense in New York, you could face either the jail period of up to one year or fine of $1,000. Might possible the fine includes both the penalties. The consequences of NY DUI charges are more severe then refusing chemical tests. Refusing the test does not prove that you will not be convicted. If the officer has arrested you for driving while intoxicated, then in any situation you have to take the test or get prepared for the charges and fine. There might be a chance that if you refuse of taking the test, then the prosecutor could take it against you by saying that you are refusing as you know you are intoxicated and hence, guilty of Driving while intoxicated. This can lead to even more charges that are devastating.

Assistance with DWI: Getting the assistance from an experienced attorney of DWI should be your next step if in case of arrest due to DWI charges within New York State.  They can guide you professionally through this process. You cannot get away without having an attorney because the charges in such case are severe unlike other road accidents. In addition, if the incident involves death or injuries, this can lead to more complications in charges. Furthermore, if this is your second or third conviction then the consequences can be critical. To best handle or reduce the consequences, it is better that you have an attorney who is knowledgeable about the laws of state and who can guide you through the process. Information about pleading should also be given. This can reduce the charges and help you in making better decisions.

The laws are made by DMV New York with the help of courts to draw the limit line for the drivers. The penalties let the drivers follow the laws on the first place. Many companies of auto insurance in New York make their policies according to the laws defined. If you want to get a free quote from the insurance companies to get the idea of what policies you will be getting if you chose the specific policy from particular insurance company, enter your ZIP in the above bar on the web page.