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Study says New York not as tough as other states on DUI

July 17th, 2015 • drunk driving

A recent study conducted by WalletHub suggests that New York is more lenient towards drinking and driving than other states. Currently, the report entitled "Strictest and Most Lenient States on DWI" ranks New York as No. 30 on that list. That ranking is important because it's estimated that the overall impact of impaired driving costs the U.S. economy somewhere in the neighborhood of $60 billion dollars each year. In fact, about 10,000 people die each year as a result of DWI.

Arizona, Alaska, Connecticut, West Virginia and Kansas top the list as the strictest states in the country with regards to DWI laws. On the other hand, South Dakota, District of Columbia, Pennsylvania, North Dakota and Maryland are at the opposite end of the spectrum bringing up the five most lenient American states.

Some of the more interesting facts of the study reveal that in Arizona, a first-time offender can expect to spend 10 days in jail. In West Virginia, a second time offender is looking at spending hundred and 80 days behind bars. One of the things that probably hurt New York as one of the toughest in the union was the fact that there is no minimum requirement of jail time for first time offenders.

There are a few things you should know if you are currently facing DWI charges in New York. Although not as tough as some, the Empire state still has some stiff penalties for people convicted of DWI. For example, you can be charged with a felony after your second DWI conviction. Additionally, a DWI conviction will stay on your criminal record for 10 years. You will also lose your license for one month after your first offense.

Fortunately, you are allowed to retain a criminal defense attorney with experience in New York's impaired driving laws. An attorney can challenge the trustworthiness and accuracy of evidence prosecutors may wish to use against you to prove your guilt. For example, an attorney can challenge the justification for a traffic stop or the manner in which police attempted to assess your level of intoxication. Evidence police acquired unlawfully might be excluded from use against you at trial.

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