When someone is accused of DUI offenses, it is best to hire the best New York defense attorney possible to save any further trouble.  In certain parts of New York especially, from Suffolk to Nassau County, there could be additional DWI charges placed on the accuser and will result in a number of additional DUI offenses than might be necessary.

 

For example, someone might be issued a refusal hearing. If the police say that the person refused to take a breath or blood test, then the DMV will have to hold a DWI case that is separate from the original driving while intoxicated case. This does not mean that the person will have to get another New York defense attorney, but they will have to schedule more court dates.  This particular case could result in the person’s license being revoked for at least six months. Although the burden is low and the Nassau County traffic defense, for example is limited, it is possible to win these hearings.  Furthermore, they do offer an opportunity on occasion to cross-examine the arresting officer and obtain some critical paperwork in the case.

 

In general, the police may seek to forfeit the car they claim was used for the driving while intoxicated.  Again, this situation requires another separate DWI case, which can be done with the same New York DWI defense. Where this DUI case gets risky is that this is a court proceeding in which the police department can sue the offender and, if successful, keep the car.  Forfeiture actions are not brought by the District Attorney's Office.  They are brought by the Police Department itself.  The outcome of the criminal case is totally irrelevant whether or not the police decide to forfeit the car or not. 

 

In other words, someone could win a driving while intoxicated case with a New York DWI attorney, and the police could still sue for the forfeiture of the car and win.  The forfeiture lawsuit is a civil lawsuit subject only to the relatively small burden of proof of holding evidence.  Forfeiture actions are real lawsuits in which the person will have to decide whether you will hire a New York traffic defense lawyer to defend the suit.  In most situations, it would be best to hire a lawyer, since they are specialized in this type of field.

 

A plea or conviction to DWI offenses could result in an increase in insurance premiums.  It will also lead to a suspension of the person’s license pending prosecution.  This means that in some situations, it is possible for the person driving under the influence to have their license suspended even before they are convicted of anything.  

 

A plea or conviction to a driving while intoxicated related offense will result in difficulties with the license to drive in New York that could range for a relatively brief suspension to a lengthy revocation.  It is best to have a New York DWI traffic attorney to help with this matter to make the punishment the least possible.