The Brooklyn DUI process is fairly straightforward, but when you’re in the middle of it, it can be overwhelming to know what comes next. You may also be wondering what to do next. If you don’t have a DUI lawyer, it’s highly advised that you get one sooner rather than later. Not only can a good lawyer help you get a new sentence, but they can also guide you through the legal system and processes along the way.
What follows are the basic steps in the series of events that is the Brooklyn DUI process.
The Traffic Stop
A Brooklyn DUI typically starts with a traffic stop. This is when police may first begin to suspect you’re drinking and driving. If you were exhibiting behaviors, such as swerving, speeding, or ignoring traffic signals, before they pulled you over, they might suspect you’ve been drinking. A good many stops are made on the streets, leaving Williamsburg and Bushwick, where cops know drivers have been drinking.
New York takes drunk driving very seriously. According to New York State Troopers, drunk drivers are responsible for over 17,000 fatalities every year in New York. They further break it down to explain that drunk drivers cause 310 funerals every week, and someone dies every 30 minutes because of DUI-related car accidents.
If you are suspected of drinking, the police officer will administer a breathalyzer or field sobriety test. In New York, the implied consent law means that by driving on New York roads, you automatically consent to submitting to a test if asked to do so by law enforcement.
To Take or Not to Take the Breathalyzer Test
You have to be careful in New York because refusal of a breathalyzer test can have severe consequences. These consequences are on top of any criminal penalties you may face later if convicted. You will automatically get your driver’s license suspended for one year, even if you are innocent. You will also be ordered to pay a minimum $500 fine. Also, your refusal of the breathalyzer can be used in court by prosecutors as evidence of your guilt.
The Arrest
If found to be under the influence, you will be arrested and taken to jail. You will be booked into the jail and appear in court within one day. When you appear in court, you will learn of your charges and bail conditions. Once you learn of your bond conditions, you can bond out of jail. Once you are out of jail, the first thing you should do is hire a Brooklyn DUI lawyer.
Pretrial
This stage of the process includes potential motions, plea negotiations, and possibly the scheduling of a trial. If you have a good attorney, they will inform you of all court dates and actions you should take while you await your court date. They will also investigate your charges and go over your arrest report in detail. If there’s any legitimate DUI defense or grounds for dismissal of your case, they will find it.
The Resolution of Your Case
The final step in the DUI process is when you either accept a plea agreement or go to trial. If you go to trial, you may be sentenced, or your charges may be dropped. If you are convicted, you must then follow the conditions of your sentence imposed by the judge.
Driver Responsibility Assessment
Committing certain criminal acts or experiencing certain incidents on your driving record can cause you to have repercussions from the DMV as well as criminal court. You will have to take a driver responsibility assessment if any of the following are true for you:
- You are convicted of an alcohol- or drug-related offense.
- You refused a blood alcohol content test.
- You received six points on your driving record over one and a half years.
Hire a DUI Lawyer Who Will Fight for You
We cannot stress enough the importance of hiring a qualified Brooklyn DUI attorney to help you fight your looming DUI charges and penalties. When you hire a lawyer, you significantly improve your chances of receiving a reduced sentence or getting your charges dropped. When you hire Koch Law, PLLC, you get a decorated US Air Force cyber intelligence veteran fighting for you.
FAQs
What Is the 2-Hour Rule for DWI in New York?
The two-hour rule for DWI in New York requires that a breathalyzer test be administered to anyone arrested for DUI within two hours of their arrest. This is because alcohol affects everyone differently, and after even a short amount of time passes, someone’s blood alcohol content can be significantly less than it was at the time they were driving. In fact, if the test isn’t administered within two hours of the arrest, DUI charges may not hold up in court.
How Long Does a DUI Stay on Your Record in New York?
In New York, a DUI stays on a driving record for 15 years following the conviction. Anyone who has been convicted of operating a motor vehicle while under the influence of alcohol or drugs will have this conviction on their record for 15 years. Convictions of DWAI are included on a driving record for 10 years. If you refuse to take a BAC test, this will remain on your record for five years from the date of your license suspension.
What Happens When You Get a DUI for the First Time in New York?
When you get a DUI for the first time in New York, you’ll pay a fine of between $500 and $1,000. You could potentially go to jail for up to one year, but this is not likely in most situations, especially if you have a good DUI attorney. You will get your license revoked for a minimum of six months and be responsible for court costs and DMV fees, as well as the driver responsibility assessment.
What Are the New DWI Laws in New York in 2025?
As of January 3, 2025, the new DWI law in New York provides for forfeiture after four years. After three DWI-related convictions or refusals of a BAC test, a fourth conviction for a DUI will result in a permanent license forfeiture. This is the basis of the newest New York DWI laws.
Partner With a DUI Attorney Who Knows Brooklyn DUI Laws
Unless you happen to be very well-educated in Brooklyn DUI laws, contact Koch Law, PLLC. We are very well-versed in New York laws and have represented clients in numerous successful DUI cases. Contact us to discuss your case.
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