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You had a great time at a party. Left in a good mood. But that happy feeling quickly disappeared when you spotted flashing red lights in your rearview mirror.
Thoughts race through your head: why am I getting pulled over? Did I have too much to drink at the party? What do I do if they detect alcohol on my breath?
Understanding your rights under the law is critical when you are facing a driving under the influence (DUI) charge so you don’t unknowingly hurt your own case. States have their own driving laws and the penalties for DUI vary from state to state. DUI accident attorneys at New York’s Proner & Proner have in-depth knowledge of the DUI laws in New York and are skilled in building the best possible defense.
Blood alcohol concentration (BAC) is the percentage of alcohol that is present in the bloodstream. Blood tests and breathalyzer tests are administered by law enforcement officers and medical professionals to determine a person’s blood alcohol concentration.
When an individual has a BAC of 0.08% or more while they are operating a motor vehicle or boat, that individual may be charged with driving under the influence (DUI) of alcohol. It is important to note that, in New York, a driver may be charged with a DUI based on their BAC even if their driving ability was not impaired. This can be confusing; the DUI attorneys at Proner & Proner explain your rights under the law, answer your questions, and fight aggressively on your behalf for the best possible outcome.
New York is a “zero tolerance” state, meaning that it does not tolerate underage drinking — or underage use of illegal prescription drugs — and driving. In New York, underage drivers — those who are under the age of 21 years — are prohibited from operating a motor vehicle with a BAC of 0.02% or more.
If an underage driver operates a motor vehicle with a BAC of 0.02% but not more than 0.07%, they must appear at a Department of Motor Vehicle hearing. If the charge is supported, the underage driver will have their license suspended for a period of six months, and face a $125 penalty and a $100 suspension termination fee.
Many drivers are unclear about whether or not they must submit to a breathalyzer test — or another form of chemical testing — if they have been charged with driving under the influence (DUI).
Law enforcement officers can not force you to submit to a breathalyzer test. However, under New York’s implied consent laws, when you applied for a drivers’ license in the state, you agreed to take chemical tests of your blood, breath, or urine to determine alcohol or drug content when a law enforcement officer asks you to do so.
So, while police officers cannot make you submit to a breathalyzer or other chemical test, there are legal consequences for refusing. Those penalties are as follows:
If, within the past four years, a driver has had either two DUI convictions, two refusals, or one refusal and one conviction, their drivers’ license can be permanently revoked.
New York state has stiff penalties for individuals who are charged with driving under the influence (DUI) and they are as follows:
The penalties for driving under the influence increase with each subsequent offense. Because of this, it is best to seek the advice of an attorney who is experienced in handling DUI charges in the state for the best possible outcome in your case.
Panic and fear are the most common responses when facing a DUI charge. It is completely understandable. A DUI charge is a serious offense.
But panic and fear won’t help you beat the charges against you. We will. At Proner & Proner, our skilled DUI accident attorneys are knowledgeable, skilled, and experienced.
The Proner & Proner legal team will review your case, answer your questions, discuss your options, and aggressively fight the charges brought against you. With a demonstrated track record of success, we are by your side every step of the way. Schedule a consultation with a member of our team today to discuss your DUI accident case.
A charge of driving under the influence (DUI) of alcohol or drugs is a serious offense. While the laws regarding drinking and driving may seem fairly straightforward, things become more complicated when there is an actual charge. The circumstances surrounding every DUI are unique, as are the facts in each case.
An experienced DUI accident attorney can assess the facts specific to your case, and develop a strategic defense tailored to your situation. Consulting with a skilled DUI attorney is an advisable first step so that you can make an informed decision. The DUI attorneys at Proner & Proner offer a free case evaluation and are available to answer questions about your DUI case.
In New York, the guideline for law enforcement officers to measure your BAC is within two hours of your DUI arrest, or within two hours from when a portable breath test detected alcohol on your breath.
Motor Vehicle Accidents Verdicts & Settlements
Proner & Proner’s experienced car accident attorneys win big verdicts and settlements for seriously injured clients. In some cases, clients have won millions of dollars in compensation. Some of our major cases are listed below.
Female, 43: Cyclist hit by truck
Our client was riding her bicycle when a truck was turning and came up onto the sidewalk. Our client went to back up and the truck struck her.
Injuries: Catastrophic injuries to entire right side of body below the waist resulting in amputation of the right leg and hind quarter; bladder rupture; multiple rib and spinal fractures
Male, 63: Pedestrian hit by bus
Our client was crossing a street when a bus hit a car and the car spun and hit him.
Injuries: Traumatic brain injury; fractured shoulder
Male: Pedestrian hit by vehicle
Our client was struck as a pedestrian by a taxicab that was involved in an accident with a bus.
Injuries: Stroke, with quality of life after the accident greatly diminished
Female, 45: Pedestrian hit by vehicle
Crossing the street, our client was run over by a truck.
Injuries: Fractured skull and fractured right ankle, requiring surgery to head and leg
Female, 49: Cyclist hit by truck
Our client was riding her bicycle when a truck was turning and came up onto the sidewalk - our client went to back up and the truck struck her.
Injuries: Cognitive deficiencies, behavioral changes, permanent disability
Male, 38: Wrongful death
A man pulled over on the roadway to assist another vehicle in distress, and a tractor trailer struck him and his parked vehicle, resulting in his death.
Injuries: Wrongful death
Female, 17: Vehicle collision
Our client was in a car driven by her sister that skidded on ice into oncoming traffic.
Injuries: Broken hip and a ruptured diaphragm
Female, Female: Vehicle collided with guardrail
Two clients were injured in an accident that took place in 2003 when they were passengers in a car that hit a guardrail.
Injuries: The clients each sustained a broken wrist
Female, 45: Pedestrian hit by vehicle
Our client was a pedestrian hit by a left turning vehicle.
Injuries: Soft tissue injuries to neck, back and shoulder which required three surgeries
Multiple Clients: Vehicle collision
Intersection accident with a van transporting handicapped adults.
Injuries: Broken ankle, closed head injury
Female, 32: Vehicle collision
While making a left hand turn, our client was struck by another vehicle.
Injuries: Broken right wrist, three compound fractures on right ulna requiring surgery, mild traumatic brain injury
Female, 21: Pedestrian hit by vehicle
Our client was hit by car while on her way to work by a vehicle making a left hand turn.
Injuries: Comminuted left tibia and fibula fractures that required surgery
Male, 47: Pedestrian hit by vehicle
Our client was struck by a car while making a left hand turn.
Injuries: Broken pelvis, fractured sacrum
Male, 31: Pedestrian hit by vehicle
Defendant made illegal U-turn and struck our client.
Injuries: Dislocated shoulder; injury to iliotibial band and lateral aspect of the right knee
Female, 42: Pedestrian hit by vehicle
Our client was hit by a car while crossing the street.
Injuries: Blood clots in abdomen, two broken ribs, compression fractures of spine
Male: Vehicle collision
Our client was riding a scooter and was hit by a flat-bed tow truck.
Male, 37: Vehicle collision
A traffic light was turning green for our client, when a woman ran full speed against the light and hit our client.
Injuries: Left ankle fracture which required open reduction and internal fixation. Fractured and broken nose
Female, 55: Wrongful death
Our client’s husband was killed when a car drove into the driver’s side of the vehicle. Wrongful death.
Male, 61 - Female, 62: Vehicle collision
Accident caused by police chase.
Injuries: Our client died as a result of her injuries, which included multiple fractures and massive bilateral extensive pulmonary with significant right ventricular strain.
Road Rage Incident
Mitchell Proner spoke in support of NYC motorcycle riders and called on NY lawmakers and police not to overreact to a highly publicized road rage incident or to let that incident cast all motorcyclists in a bad light.
Hit and Run
Attorney Mitchell Proner was on hand when the motorist accused of hitting a female jogger on a road in Central Islip appeared in a New York courtroom to answer charges of leaving the scene of a fatal accident.
Attorney Mitchell Proner, an expert on maritime law, spoke about the similarities between the Costa Concordia ferry disaster and the recent Indonesian ferry accident that killed at least 24 people.