On Behalf of Simon & Gilman, LLP | Oct 8, 2019 | Firm News |
Driving while under the influence in New York may result in serious consequences including days lost from work from either incarceration or a license suspension. Sometimes the loss of work may be the result of a third-party employer action. After a popular football tight end for the New York Jets pleaded guilty to a DUI charge, he found himself suspended by the National Football League for violating its rules regarding substance abuse.
According to CBS New York, the second-year tight end player was suspended without pay during four of the first regular-season games. While a professional football player might be able to afford to take some time off from work, many drivers could face considerable financial troubles after missing just one full paycheck. Although a DUI is a serious charge, it may not, however, always result in a conviction.
When a law enforcement official pulls over a driver, a reasonable suspicion of the motorist’s intoxication must first be established. In the case of a motorist swerving in and out of lanes, speeding or hitting things, it can be reasonably suspected that something is wrong. In order for a law enforcement official to administer a field sobriety test, however, there must be evidence that the motorist is driving while under the influence. A strong alcoholic odor, slurring of words and confusion are general signs that indicate intoxication.
Because of the Empire State’s implied consent law, as explained on the Department of Motor Vehicle’s website, a motorist suspected of driving while intoxicated must submit to a blood alcohol content test. Whether it is a roadside breathalyzer or a chemical test, an individual’s consent has already been “automatically” provided; law enforcement may administer a test when a motorist is suspected of driving while intoxicated. Refusing to submit to a test, however, may result in consequences such as a fine, jail time or a six-month suspension of a driver’s license.
It is up to the prosecutor to prove that the driver was driving while under the influence at the time of arrest. An assertive legal defense may, however, contest the charges or reduce the severity of the punishment if convicted.
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