At first view, many DUI allegations look daunting and the evidence overwhelming. But in these cases, there are often defenses that an experienced Albany DUI attorney will raise that would have escaped the attention of other attorneys. Call an Albany DUI attorney at (888) 754-9860 if you are facing DUI charges.
DUI cases are typically premised on police testimony on a defendant’s driving conduct, demeanor, statements, performance on field sobriety tests, and the results of chemical testing of blood alcohol levels. Albany DUI attorneys are skilled in challenging such evidence and have been successful many times in obtaining dismissals, acquittals and favorable plea agreements.

Have a Legal Question ?
Discreet and Professonal Consultation or In-Person Meeting with an Attorney

	I have read and agree to the Privacy Policy, Communication Consent and Wireless Policy and E-sign Policy.

DUI Proceedings

You will want an Albany DUI attorney representing you at all stages of a DUI.

• DMV hearing. You are entitled to a license revocation hearings if requested within 10-days of arrest. Albany DUI attorneys have successfully challenged license revocations in many cases.

• Arraignment. You and your Albany DUI attorney appear to enter a not guilty plea.

• Discovery and investigation. Your Albany DUI attorney gathers evidence from the prosecutor and an investigation that may lead to motions to dismiss charges or the exclusion of evidence. In most cases, Albany DUI attorneys negotiate plea agreements.

• Trial. If no plea agreement, your Albany DUI lawyer will defend you at trial.

DUI Defenses

• Albany DUI lawyers have up-to-date knowledge of DUI laws, current trends, police practices, and the operation and administration of the breath or blood test to develop various defenses in your case. Albany DUI lawyers will typically review the following issues that commonly arise in DUI cases:
  

• Possible police misconduct

• Whether your medical or physical condition may have influenced your arrest and BAC results

• Validity and integrity of the breath or blood tests

• Bias, inconsistencies or errors in police testimony, records and reports

• No driving, drinking after driving and other defenses raised by your Albany DUI lawyer

DUI Penalties

DUI sentences vary from county to county, especially if aggravating circumstances were present. There are separate penalties for a first, second, third and felony convictions. These penalties are typically imposed:

First DUI or DWI

The usual penalties for a first DUI or DWI are:

1. Jail. 48 hours in jail and up to 6-months; 3-years of probation
2. Suspension of license. Loss of driving privileges for 4 to 10-months though you may be eligible for a restricted license; if BAC testing was refused, the suspension is one year
3. Fines: $390 with costs over $1,800
4. DUI classes: 3-months
5. Insurance and installation: Secure SR-1 insurance and possibly install an interlock ignition system

Second DUI or DWI

Penalties for a second DUI or DWI within 10 years of the first include:

1. Jail. 96 hours and up to one year in county jail and 3-5 years probation
2. Suspension of license. 2 year suspension with eligibility for restricted license unless testing was refused.
3. Fines: $390 to $1000 but over $10,000 in costs
4. DUI Classe 18 to 30-months
5. Installation and insurance. SR-1 insurance and Interlock ignition system

Third DUI or DWI

Conviction of a third DUI or DWI in 10 years may include:

1. Jail. 120 days to one year in county jail and 3-5 years probation
2. Suspension of license. 3 years with restricted license after 12-months
3. Fines: $390 to $1000 and other costs up to $15,000
4. DUI classes. 30-months
5. Installation and insurance. SR-1 insurance and interlock system

Fourth DUI or DWI

A fourth DWI or DWI could be negotiated to a misdemeanor.by your Gardena DUI lawyer. If a felony, you face:

1. Jail. 16 months, 2 or 3 years in jail and formal probation for up to 5 years
2. Suspension of license: 4 years
3. Fines: Up to $5000 with associated costs of up to $18,000
4. Habitual traffic offender status. 3 years
5. Mandatory DUI classes. 30-months
6. Installation and insurance. SR-1 insurance and interlock system

Commercial DUI or DWI

Commercial drivers can be convicted of a commercial DUI or DWI if their BAC is 0.04% so that their need for a Gardena DUI lawyer is imperative.

Penalties include:

1. Jail. Same as for a motorist with a Class C license for first or multiple DUI or DWI offenses
2. Driver’s license suspension.

• Loss of commercial driver’s license for one year, regardless of the vehicle you were driving
• Life-time suspension for a second conviction
• Your Class C license is also affected

3. Fines. From $390 to $1000
4. DUI Classes. Same as for other offenders
5. Insurance and installation. Possible securing of SR-1 insurance and installation of an interlock system

Call a Albany DUI Lawyer

If you were arrested for a DUI, call a Albany DUI lawyer today at (888) 754-9860.