August 30, 2013 /24-7PressRelease/
-- Whether referred to as driving under the influence or driving while intoxicated, the game is the same--drivers driving a vehicle while their blood alcohol content is above the legally allowed limit are subject to a myriad of consequences.
While the laws may seem clear as to the penalties if convicted, there are some nuances that result in unique situations being called out and can make defending oneself against a DUI challenging, supporting a need for proper legal representation.
Leandra's Law loopholes are no more
A 2009 New York State law outlining some penalties for drivers convicted of driving while intoxicated has recently been made stricter. Gov. Cuomo signed the new law in July 2013. One component of the original law required any driver to install an approved ignition interlock device in any vehicle they owned or regularly operated. Many drivers simply claimed that they did not own vehicles and therefore did not install the breathalyzer devices.
The newly strengthened law includes new provisions such as:
- Any driver convicted of a DUI claiming that he or she no longer owns or operates a vehicle must state so in court, under oath.
- If the driver's claim is found to be untrue, he or she is subject to both criminal and perjury charges.
- If an ignition interlock system is not installed in a convicted DUI driver's vehicle, their license suspension increases from six months to one year.
- Any driver convicted of a DUI found driving drunk while using a conditional license is subject to felony charges as opposed to the receipt of a traffic infraction as the old law provided.
These highlights of the new law make it clear to anyone stopped for suspicion of driving while intoxicated that law enforcement does not make it easy to fight these charges. Great care should be exercised when getting behind the wheel after having any amount of alcohol.
What is an ignition interlock device?
The ignition interlock system
is essentially a breathalyzer that restricts a car's ignition from being allowed to start until the driver passes the test for an approved level of alcohol content. The device connects to a vehicle's ignition and use of such a system is often a component of courts allowing a driver to hold a conditional license as part of their DUI conviction. A conditional license is often permitted to allow drivers the ability to get to and from work or other necessary trips.
Tough laws require tough help
Statistics from the Century Council show that more than 35,000 people were arrested statewide for DUI's in 2011. Lawmakers are tough on DUI cases, making it important that anyone arrested for a DUI secure an experienced lawyer to help them navigate the ensuing process.