Best DUI Lawyers in Queens, NY

FAQs

• What is the non-emergency contact number for the local police station in Queens, New York?

  The non-emergency contact number for the New York Police Department 107th Precinct located at Parsons Blvd., Queens NY is (718) 969-5100.

• Where can I get a copy of police reports for incidents related to my case in Queens, New York?

  Incident reports are maintained by the NYPD Criminal Records Unit. You can obtain a copy by submitting your request online at https://a836-citypay.nyc.gov/citypay/NYPD_VCLP or mail it to 375 Pearl Street, Suite 4, 16th Floor, New York, NY, 10038. For requests sent through the mail, the form must be filled out in duplicate, and a self-addressed stamped envelope must also be included.

• At what blood alcohol concentration level is driving considered a crime in Queens?

  In Queens, you will be charged with driving while intoxicated, which is a misdemeanor offense under section 1192.2 of the New York State Vehicle and Traffic Law if your blood alcohol levels reach 0.08% but is under 0.18%. Below that range, you will only be arrested for driving while impaired, which is a minor infraction and not yet considered a crime. On the other hand, results beyond .018% would warrant higher penalties and longer revocation periods.

• What happens when you refuse a Breathalyzer test in Queens?

  Instead of the court, Breathalyzer test refusals are separately handled by the Department of Motor Vehicles. For drivers in Queens, this means that even if you are successful in contesting the driving while intoxicated charge in court, the DMV may still decide to revoke your license for refusing to take the test. You might also be sanctioned to pay a driver responsibility assessment fee of $750 and another $750 as a civil penalty.

• What are the serious repercussions of drinking and driving in Queens?

  Even first-time drunk driving offenders face severe penalties in Queens and the rest of New York. This includes jail time, fines of up to $2,500 for BAC exceeding 0.18%, and at least six months of license suspension. Drivers may also be required to complete alcohol education classes and install an ignition interlock device in their vehicles. Repeat offenders face longer charges and more costly penalties.

• What happens in Queens if you didn't drink alcohol but exhibited the same symptoms as someone who did?

  If you exhibited similar symptoms to those of an alcoholic, police officers in Queens may mistake it as intoxication since they use preprinted forms for their DWI reports. These symptoms may be present in drivers who have allergies or insomnia, resulting in bloodshot or watery eyes, or in those who are irritated and easily flushed. One might also slur their words out of agitation. It is now up to the drivers and their lawyers to challenge such accusations.

• What happens if the police officer in Queens has failed to read your Miranda rights when arresting you for DUI?

  Any statements made after being arrested—as long as they are the result of officers questioning and not so-called "spontaneous, unsolicited statements"—will likely be excluded from evidence in court if they fail to read you your Miranda rights and obtain a valid waiver of these rights. If a police officer in Queens takes you into custody or questions you to get information that will be used against you, they must read you your rights first.

• What does a DUI charge involve?

  DUI, or driving under the influence, is a criminal charge applied to someone who is suspected of operating their vehicle while under the influence of an intoxicant, such as drugs and/or alcohol. Every state in the U.S. has a law on the books that bans driving while intoxicated; however, the specific criteria may differ from jurisdiction to jurisdiction. In some states, a driver with blood alcohol content (BAC) in excess of 0.08% can be brought up on DUI charges while other states set a higher threshold or increase the severity of charges in accordance with the level of intoxication. In some cases, DUI is determined not via testing but by behavior; drivers who are intoxicated to the point of impairment and who cannot safely operate their vehicle may be arrested on suspicion of DUI.

• What's the difference between DUI, DWI, and OVI?

  The terms driving under the influence (DUI), driving while impaired (DWI), and operating a vehicle under the influence (OVI) are all legal phrases that refer to the crime of operating a vehicle while impaired by drugs (illegal or prescription), alcohol, or both. These terms are largely interchangeable though some states use only one acronym in their statutes for the sake of clarity. There are also other acronyms occasionally substituted for DUI, such as DWAI (driving while ability impaired), OWI (operating while intoxicated), OUI (operating under the influence), and DUII-CS (driving under the influence of intoxicants: controlled substances).

• How long does a DUI stay on your record?

  In addition to the more immediate penalties that come with a DUI conviction, this costly mistake can have other consequences. DUIs stay on your driving record for years with the exact length of time differing from state to state — the California Department of Motor Vehicles, for instance, tracks DUIs for 10 years and may use that information to determine things like license eligibility. In Alabama, DUIs stay on the record for five years while in Alaska they're permanent. In states that use point systems to track driving infractions, DUI points may stay on the record far longer than the DUI itself.

• How much does a DUI lawyer cost?

  The cost of a DUI lawyer depends largely on three things: geographic area, the lawyer's experience, and whether the case is settled quickly with a plea or ends up going to trial. Attorneys may charge a flat rate, more commonly used for simple cases that are likely to wrap up quickly, or they may charge by the hour, which can add up quickly if the case requires a lot of pretrial preparations and court time. Ultimately, a DUI lawyer could cost as little as $700 or bill in excess of $4,000.

• How do I choose a DUI attorney?

  Finding the right DUI lawyer is crucial, especially when it comes to preventing a suspended license and minimizing fees and other penalties. To choose the right one:

  • Look for attorneys experienced in DUI case law
  • Ask for referrals from family and friends
  • Check the internet for reviews, keeping in mind that no two DUI cases are exactly alike
  • Meet with prospective lawyers (many offer free consultations) to hear their perspective on the case and see whether their personality feels like a good fit
  • Ask whether the lawyer will be the primary representative or if the case could be passed to an associate and how many clients the lawyer/firm represents at one time
  • Discuss billing options — the difference between an hourly rate and flat fee can be considerable

• What happens when you get a DUI?

  Individuals detained on suspicion of a DUI are typically taken to jail, their vehicles impounded, and either held on bail or processed and released pending a court date. That initial court appearance is a chance to enter a plea; it's a good idea to retain legal representation prior to this hearing so they have an opportunity to argue for reduced charges or even dismissal.

  Drunk driving charges are often enough to warrant a suspended license pending the outcome of the case. A DUI conviction could mean losing that license entirely as well as paying fines, court costs, and DMV fees and paying for treatment or other intervention programs as instructed by the court — perhaps even completing jail time. These penalties tend to be less severe for first-time offenders and increase significantly thereafter.

• Can I contest a DUI without a lawyer?

  While it's possible to contest a DUI without a lawyer present, case law is complex, and navigating those laws can be tricky. A DUI lawyer can't guarantee a positive outcome, but they are in a far better position to make crucial moves, such as challenging the legality of the original traffic stop, questioning the officer-led sobriety tests, and introducing evidence that could lead to an exoneration. In short, it's tempting to save money by going it alone, but the consequences could be costly. Before deciding against a lawyer, take advantage of a free consultation and weigh their recommendations. If budget is a factor, there are court-appointed public defenders who may take on the case.

• How much does a DUI cost?

  DUIs are expensive. In addition to attorney fees that often run the gamut from $700 to over $4,000, there may also be bail costs, court-ordered fines, alcohol education courses, traffic school, DMV fees, the cost of increased insurance rate, fees associated with recovering an impounded car, and the possibility of paying for a court-ordered ignition interlock device. All together, the average cost of a DUI sits at around $6,500 not counting peripheral expenses, such as alternate transportation while unable to drive and lost income due to court dates and incarceration.

• When does a DUI become a felony?

  Driving under the influence is classified as a misdemeanor unless the DUI meets certain state-specific criteria such as:

  • It's not the first offense. Anyone arrested for DUI who has been convicted of driving under the influence previously may be charged with a felony, depending on the length of time since the last conviction.
  • The offender was driving without a license. Getting a DUI with a license that has been suspended, revoked, or restricted is a felony in many states.
  • The DUI resulted in someone else's injury or death. Some states cite bodily harm as one of the reasons to change a DUI from a misdemeanor to a felony.

• How much does car insurance go up after a DUI?

  Since car insurance rates are based on driving history and projected risk, it stands to reason that a DUI conviction will result in higher insurance rates. How much those rates go up depends on the state. In Colorado, insurance rates jump around 18% following a DUI conviction while North Carolina sees a median rate increase of more than 300%. To put that in further perspective, consider New Jersey; the state's average insurance rate is $1,419, but the average rate with DUI increases 132% to $3,292.