Have you or a loved one been charged with driving under the influence in New York? Well, our skilled New York drunk driving attorney can help you reduce the impact of the criminal charges against you.
The Law Offices of Gilbert C. Parris P.C. aggressively defends a variety of driving under the influence (DUI) cases throughout the boroughs of New York City. As a former Kings County Assistant District Attorney, Gilbert Parris brings extensive trial experience to his legal practice. He has successfully represented people charged with DUI’s throughout the various phases of a criminal case such as arraignments, preliminary hearings, pre-trial motions, trials, and appeals.
Practicing in both state and federal courts, Gilbert Parris has the knowledge and experience to handle any DUI case.
If you have been arrested and charged with a DUI, contact drunk driving attorney Gilbert Parris for a free consultation to review the facts of your case and discuss what our criminal defense team can do for you.
New York Drunk Driving Criminal Charges & DMV Hearing
If you are arrested and charged with any type of DUI, you will have to deal with both the criminal justice system and the Department of Motor Vehicles (DMV). The DMV hearing is a civil matter independent of the criminal hearing. You will have to attend a DMV hearing if you refused to take any chemical test.
In New York, under VTL Section 1194, any person who operates a motor vehicle shall be deemed to have given implied consent to a chemical test of one or more of the following: breath, blood, urine, saliva, for the purpose of determining the alcoholic and/or drug content of the blood.
The refusal to submit to a chemical test after an authorized request is made carries a mandatory administrative consequence involving the loss of driving privileges and a civil fine (this is independent of any outcome of any related DUI charges in court).
Criminal Charges
Driving under the influence is a general term used to describe the crime of driving a motor vehicle while under the influence of drugs and/or alcohol. New York State uses various terms to describe driving under the influence such as the following charges (see New York DWI Laws & Penalties Section 1192 for more information):
| Criminal Charges | Vehicle & Traffic Laws | Penalties |
| Driving While Intoxicated | VTL Section 1192[3] | 1st Violation is a Misdemeanor |
| Driving While Intoxicated Per Se | VTL Section 1192[2] | 1st Violation is a Misdemeanor |
| Driving While Ability Impaired | VTL Section 1192[1] | 1st Violation is a Traffic Infraction |
| Driving While Ability Impaired by Drugs | VTL Section 1192[4] | 1st Violation is a Misdemeanor |
| Driving While Ability Impaired by the Combined Influence of Drugs or of Alcohol and any Drug or Drugs | VTL Section 1192[4-a] | 1st Violation is a Misdemeanor |
| Aggravated Driving While Intoxicated Per Se | VTL Section 1192[2-a][a] | 1st Violation is a Misdemeanor |
| Aggravated Driving While Intoxicated with a Child | VTL Section 1192[2-a][b] | 1st Violation is a Class E Felony |
You need to contact a DUI attorney immediately if you are charged with a DUI. A DUI attorney can explain the fines and penalties you may incur as a result of a DUI conviction.
Feel free to review how the criminal justice system works in New York for more information about how your DUI charges will proceed through the court. You can also review our driving while intoxicated article which provides a detailed overview of the penalties and sentencing guidelines you may sustain if convicted of a DUI.
DMV Hearing
As mentioned above, the DMV hearing is independent of the criminal hearing. You will have to attend the DMV hearing if you refuse to take any chemical test.
At the DMV hearing, you will go before an administrative law judge and be presented with evidence against you supporting a claim of driving while intoxicated. You should take a DUI attorney with you to this hearing. An attorney can object to the evidence presented against you and help you obtain a conditional driver’s license, or have your driver’s license reinstated.
The Law Offices of Gilbert Parris is ready to defend you against any DUI charges. Attorney Gilbert Parris can help you fight to pursue favorable options that include case dismissal, not guilty verdicts, and/or reduced charges.
Our law office provides legal counsel to women and men throughout Brooklyn, Manhattan, the Bronx, Queens, and Staten Island. We also provide legal services to Nassau and Suffolk County. Contact us today for a free consultation.