Best DUI Lawyers in Yonkers

FAQs

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

  377-7900 is the non-emergency contact number for the local police station in Yonkers.

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

  To obtain copies of incident reports from the Yonkers Police Department Records Unit, individuals must be on the report, or provide a notarized letter of authorization and valid identification for someone else to pick it up. Copies can be requested by mail, including a $2.00 search fee, a self-addressed stamped envelope, and as much incident information as possible. Reports cannot be obtained from local precincts, and typically take 8 business days to process. Contact the Records Unit at 104 South Broadway, Yonkers, NY or call 377-7237 (fax: 377-7235) for more information.

• What happens if you refuse to take a chemical test in Yonkers?

  If you drive while impaired in Yonkers, you consent to a chemical test. Refusing this test may have consequences. Your license will be suspended at your arraignment after the officer reports your refusal to the Court. You will be notified of a Department of Motor Vehicles hearing within 15 days. An Administrative Law Judge will decide if you refused the test and were informed of the consequences. If convicted, your license will be revoked for one year.

• Can you get a temporary license if your regular license is suspended due to a DUI offense in Yonkers?

  Yes, you can get a temporary license, known as a hardship license, if your regular license is suspended due to a DUI offense in Yonkers. To obtain a hardship license, you must demonstrate to the courts that the suspension of your license would create an undue hardship on your ability to support yourself and your family. Seek the assistance of a DWI attorney who can gather the necessary proof and present it during the hearing before arraignment.

• What are the penalties for a first-time DUI in Yonkers?

  When determining the consequences of a first-time offense in Yonkers, various factors are considered, such as the occurrence of an accident or the refusal to take a breathalyzer test. First-time offenders may also face license suspension or revocation, a fine, mandatory attendance at a DWI class, community service, enrollment in an alcohol program, and the installation of an ignition interlock system. These consequences, however, cannot be predicted and will be determined by the specific circumstances of the offense.

• What rights do you have when you are stopped by police officers in Yonkers?

  You can remain silent and decline a car search in Yonkers. You also have the right to object to any person or vehicle searches conducted during legal proceedings. However, if you are charged with DWI, you do not have the right under the 5th Amendment to refuse a breathalyzer test. Refusing to blow into the device may be used against you as evidence. Even though you have the option to decline the test, it is critical to understand that doing so has consequences.

• What are the possible defense strategies for a DUI charge in Yonkers?

  Some possible defense strategies for a DUI charge in Yonkers include contesting probable cause, pointing out procedural errors, claiming violations of the accused's rights, and disputing the accuracy of the breathalyzer or blood test results. Authorities' mistakes at any stage of the process can present unique defense opportunities. The effectiveness of defense strategies is determined by the facts of the case and the evidence available. An experienced lawyer can spot and capitalize on these opportunities to build a stronger defense case.

• 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.