The penalties for a DUI can be quite serious in New York, so someone getting charged with a repeat offense is sure to face some hefty penalties. If you get charged with a second DUI within 10 years of your first offense, that is a class E felony. The penalties are going to be even more severe because the court is going to treat you like a repeat offender. You should seriously consider hiring a Queens DUI lawyer who can help you defend yourself and potentially avoid the most serious punishments.
New Yorkers convicted of a second DUI could be punished with:
What Other Consequences Could I Face For a Second DUI Charge?
The justice system can dole out some harsh penalties, but they are not the only consequences you’re likely to face for a second DUI charge. A conviction could affect:
This is all the more reason to talk to an attorney who can help you defend yourself.
There are a few ways to defend yourself from a second DUI charge. Your lawyer can look at your case and figure out the most effective methods to create reasonable doubt and get crucial evidence from the prosecution’s case thrown out. We could:
Question the breathalyzer test: A breathalyzer is a machine like any other, and that means that it can break or make errors. It could have given a higher reading than it should of because it picked up residual alcohol in your mouth or because you burped or vomited shortly before the test.
Accuse an officer of making a bad stop: Police are not allowed to pull you over for no reason. Your lawyer can argue that there was no legal justification for making you stop. If you never were stopped, you would never have been arrested. Challenging the stop can result in the evidence gained during the stop being thrown out.
Claim that a medical condition or injury caused confusion: If you are injured or suffering from a medical condition, the cops may have thought that your lack of coordination during a sobriety test was due to alcohol. A breathalyzer test can also be thrown off by certain ailments or even your diet. You should not be facing a second DUI charge if this is the case.
So if you are facing a second DUI charge, do not try to fight back on your own. Contact Vasiliou Lw and schedule a free consultation with our team. This is the chance to learn more about your legal options and what an experienced attorney can do for you. We recommend that you take it.
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