DUI Law in Buffalo, NY
What Is a DUI?
DUI, which refers to driving under the influence of alcohol or drugs, is a criminal offense that can lead to weighty consequences. Also known as DWI, the process of going to court to face either conviction or exoneration can change the course of your life forever.
Learn more about your DUI law defense options below, and then talk to a local attorney in Buffalo, New York who will help you in this delicate situation. You don’t have to stare down consequences alone. You can take wise steps today to protect your interests.
Possible Consequences of a Buffalo, New York DUI Conviction
Where you live, the severity of the incident, and your criminal record determine the sentencing for a DUI. The punishments can drastically increase if you have had previous DUIs, so be mindful of that. If this is your first DUI, do not go at it alone and risk costly mistakes. Get a Buffalo law firm on your side to fight for you and your rights.
If convicted of driving under the influence of alcohol or drugs in Buffalo, New York, you can count on fines being a part of your sentencing. According to the New York Department of Motor Vehicles, the minimum fine for a DUI is $500. However, maximum fines can be as high as $10,000 for multiple offenses or for having a BAC (Blood Alcohol Content) over .18.
However, other factors can drastically increase the amount you must pay, including:
- Any damage to property while driving under the influence
- If someone suffered injuries as a result of your intoxicated driving
- Cases that include child endangerment
- Any court costs associated with your case
Jail time is mandatory, even for first-time offenders in Buffalo. If this is your first DUI offense, you may only have to face a day or two in prison. But if you have previous convictions for DUIs, you can be sentenced to several months or years, depending on the nature of the crime. Know that some circumstances can add even more time in a cell, including injury to other people while driving under the influence.
If you do not face jail time, you will likely be on probation, with the sentencing judge determining the duration. You will pay monthly fees, and you cannot commit any more criminal offenses, including traffic violations. If you violate the terms of your probation, count on facing time behind bars.
A DUI probation in Buffalo can involve alcohol treatment, DUI education, and community service. In addition, the court can prohibit you from drinking any alcohol or being in a bar. If you violate the terms of your probation, you may have to pay additional fines, adhere to stricter probation terms, or go to jail. Buffalo probationers are supervised by the Erie County Probation Department at One Niagra Plaza.
Drug and Alcohol Education Program
Following a Buffalo DUI sentencing, the law states you must complete a drug and alcohol education program. This will teach you about the dangers of driving under the influence. These programs cost more fees besides the legal costs you already have to pay.
When your license is suspended or revoked for a DUI in New York, you may be able to regain conditional driving privileges by participating in the Impaired Driver Program (IDP). This program can also be mandated by the court as a part of your sentence. The IDP costs $234 and consists of 16 hours of classes, taken over the course of 7 weeks. There are 3 IDP providers in Erie County, including one in Buffalo at Buffalo State College.
The education programs also include a DUI evaluation. An evaluator asks you questions about how alcohol and drugs affect your life. If they believe that you are dependent, you may have to enter a substance abuse treatment program.
Suspension or Loss of License
No matter where you may face a DUI conviction, you have to undergo a license suspension period, at the very least. If it is your first DUI, you may have a license suspension for a few months while you go through probation and the drug and alcohol education program.
If this is not your first DUI, you may have your license suspended for much longer, or you could have it taken from you permanently.
What Should You Do When Charged With a DUI in Buffalo, New York?
If you’re facing a felony DUI charge, you must take the following steps to protect yourself:
Step 1: Contact an Attorney Familiar With Buffalo, NY DUI Law
Immediately following your DUI arrest, you need to contact an experienced Buffalo DUI attorney. Your attorney can help prepare for your arraignment and prepare a defense to vindicate yourself or reduce the sentencing.
Step 2: Learn About Your Local DUI Laws
Buffalo, New York has unique laws for DUI or DWI charges. Your lawyer will work with you to help you better understand your state’s laws on driving while intoxicated. It is critical to understand what charges you face and the potential outcomes of your case.
Step 3: Request a DMV Hearing
You or your attorney should request a hearing as soon as possible following your arrest. In Buffalo, New York you only have so much time to ask for a DMV hearing to keep your license until your court appearance. If you do not request a hearing, prepare for a license suspension.
When your license is suspended after a DUI arrest, hearings are available with the New York Department of Motor Vehicles. If you refused to take a BAC (Blood Alcohol Content) test, your hearing will be automatically scheduled within 15 days of the arrest. If you took the BAC test and failed, you can request a hearing to obtain a hardship license. For DUIs in Buffalo, the hearings are held in the Ellicott Square Building at 295 Main St.
Step 4: Prepare for Court Appearance
You and your attorney will prepare for your appearance and arraignment in Buffalo. If you plead “not guilty,” your DUI defense attorney represents you in court, and a judge and jury oversee the DUI law case.
Step 5: Receive Sentencing or Exoneration
You will either be “not guilty” of the charges brought against you and walk free, or you will receive sentencing for a guilty verdict.
Work with an Experienced Local DUI Lawyer in Buffalo, New York
Should you ever find yourself charged with a DUI, you need to work with an experienced Buffalo, NY lawyer who can stand up for you in court. You cannot clear your name of the charges or reduce the consequences without help. Your life and future depend on having great legal representation during your DUI case. Contact an attorney near you today. We can even help you connect with legal help across New York state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!