Newburgh man facing felony charge after DUI arrest
Newburgh police say that a defendant's speeding and erratic driving caught their attention and later to led to his arrest. The incident occurred in the early morning hours of May 13. That's when police say that sometime around 1:49 a.m., officers initiated a traffic stop of a 2005 Toyota Camry after observing the driver traveling at a high rate of speed on Liberty Street while operating his vehicle in an erratic manner.
According to the police, officers detected a strong smell of alcohol emanating from a 24-year-old Newburgh man after they initiated the stop and made contact with him. Authorities then subjected the man to field sobriety tests that they claim he failed. Police arrested the defendant and tested his blood alcohol concentration level later at the station. According to officers, the defendant's BAC registered at .11. The current legal limit for BAC in New York State is .08.
The defendant is now currently facing one charge of first-degree aggravated unlicensed operation. Police also charged him with two counts of driving while intoxicated; both misdemeanors. At last report, the man was awaiting arraignment in police lockup as officials determined the precise time and date of his arraignment at Newburgh City Court.
If you are currently facing alcohol-related driving charges, there are a few things you should know. The state of New York takes a dim view of drunk drivers, often forcing those convicted of drunk driving to undergo mandatory license suspensions, pay fines, attend alcohol awareness classes, perform community service and sometimes even sending those drivers to jail.
The punishment can be even greater for those who knowingly drove drunk while their licenses were suspended. In fact, in some cases where a driver either knew, or reasonably should have known, that their licenses had been suspended or revoked, those defendants can be convicted of a class E felony.
It's important for you to know that your DUI arrest is not an automatic guarantee of a conviction. You have the right to retain an attorney to represent you in your defense. Your attorney can challenge the legality of your traffic stop as well as the accuracy of the testing that police used to measure your level of intoxication at the time of your arrest. In some cases, your attorney may be able to prevent prosecutors from using those key pieces of evidence against you.