A Bronx assistant district attorney was arrested for a DUI early one morning last week.
The assistant DA, Rafael Urena, was pulled over at a routine DUI checkpoint set up between First and Second Avenues in Manhattan. The 26-year-old Urena was barely above the legal limit, blowing a 0.081 on a Breathalyzer. When asked if he knew how the Breathalyzer device worked, the young attorney allegedly responded, “Yeah, I know what it is; I’m a Bronx assistant district attorney,” reports the New York Post.
Given Urena's job and legal training, he probably has no need of a NYC DUI attorney to tell him about the charges and penalties he faces. But as most of you are probably not district attorneys, a quick review may be in order.
Generally, the penalty someone faces for a routine drunk driving charge depends upon his or her blood alcohol level at the time of arrest. For example, someone can be charged with driving under the influence regardless of how much they've drunk, so long as they're impaired.
So a real lightweight, who's only had one beer, can still be arrested for a DUI even if his blood alcohol level is only 0.03 if his driving ability is impaired. In this case, the driver faces fines and a maximum prison stay of 15 days.
On the other hand, if someone has a blood alcohol level above 0.08, that person is deemed legally impaired even if that person can still drive perfectly. In this case, the driver faces increased fines and a maximum prison stay of one year (if there are no extenuating circumstances like a history of DUIs).
And if someone is caught driving with a blood alcohol level above 0.18, that person can be charged with an aggravated DUI with an even higher fine along with a one-year prison stay.
Bronx assistant DA Rafael Urena was arrested for a DUI in Manhattan. He probably already knows this, but he faces fines and a one-year prison stay for his offense.
Related Resources:
- Find a New York City Criminal Lawyer (FindLaw)
- Yet Another Bronx ADA Charged With DWI (Gothamist)
- New York DWI Laws (FindLaw)
- Top Manhattan Principal Darlene Miller Busted for DUI (FindLaw's New York Criminal Law Blog)
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