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Sobriety Checkpoints: Do You Know Your Rights?

Person in handcuffsThe night before Thanksgiving has become a night known for celebrating with friends and family and a night where police departments across New York State generally increase DWI checkpoints and patrols. In 2014 alone, more than 4,800 tickets were issued during Thanksgiving weekend, including 172 DWI arrests.

Governor Cuomo recently announced that New York State Police would be cracking down on impaired, distracted and speeding drivers this Thanksgiving weekend.

Would you know your legal rights if you were stopped at a sobriety checkpoint? Do you know the limits the police officers will be using to judge your ability to drive?

In Albany County and the surrounding Capital Region counties, you could be facing several charges including DWI, Aggravated DWI, DWAI Drugs and DWAI Combination. 

  • Driving While Intoxicated (DWI): .08 Blood Alcohol Content (BAC) or higher or other evidence of intoxication. For drivers of commercial motor vehicles: .04 BAC or other evidence of intoxication
  • Aggravated Driving While Intoxicated (Aggravated DWI): .18 BAC or higher
  • Driving While Ability Impaired by Alcohol (DWAI/Alcohol): more than .05 BAC but less than .07 BAC, or other evidence of impairment
  • Driving While Ability Impaired by a Single Drug other than Alcohol (DWAI/Drug)
  • Driving While Ability Impaired by a Combined Influence of Drugs or Alcohol (DWAI/Combination)
  • Chemical Test Refusal: A driver who refuses to take a chemical test (normally a test of breath, blood or urine)
  • Zero Tolerance Law: A driver who is less than 21 years of age and who drives with a .02 BAC to .07 BAC violates the Zero Tolerance Law

If you have prior DWI charges or a conviction, you could be facing felony DWI charges, which are the most serious charges in New York State. Its important to understand that with a felony DWI charge, there are much steeper consequences then just a fine. You could be facing fines, loss of driving privileges, loss of NYS driving license and even time in state prison.

If you or a loved one have been charged with DWI and need a local, Albany based lawyer, contact us immediately to schedule a free, no-obligation consultation with one of our experienced DWI/DUI/DWAI attorneys. We are available 24/7 and offer convenient meeting times at any of our four Capital Region law offices in AlbanyTroySchenectady, and Saratoga Springs. If needed, we can meet with you at the police station or courthouse.

The legal team at Hacker Murphy is always available for emergency legal situations, like DWI charges, by calling  (518) 284-3183.  We are here to help you through this difficult time.