Author - NYAttorney

The Breathalyzer Breakdown: An Analysis of Breathalyzers on The Market

Part of the joy of turning 21 in the U.S. is being able to partake in the American pastime of responsibly drinking alcohol. Beer, wine, and liquor are widely sold throughout the country, and it is a cherished rite of passage to be able to enjoy each of these. However, that privilege comes with important responsibility as well. One person is injured in a drunk driving accident every two minutes, according to MADD. These injuries are tragic, devastating, and also preventable.

This is by no means a condemnation of alcohol. Bars are as much an American tradition as is baseball. However, it is important to do so in a way that does not cause anyone to be injured and/or arrested. To that end, we have spent some time researching and consolidating data about the personal breathalyzers on the market.

The market for personal breathalyzers covers a vast range of needs and uses, from small budget keychain breathalyzers to Department of Transportation approved ones for commercial or professional use (e.g. bar bouncers). In order to better help you drink responsibly, we have assembled our research into lists based on cost, smartphone compatibility, and accuracy that can help you find the best breathalyzer for your use. Don’t become a statistic. Invest in the best breathalyzer for you.

First, we looked at the breathalyzers with the highest customer ratings on Amazon. We found that the AlcoMate Revo TS200 was the most popular device on the online store, garnering the most positive online reviews. While expensive, it is DOT-approved. Here are the other customer favorites:


Next, we wanted to see which breathalyzers were the most effective, had the best features, but also wouldn’t break the bank. Starting as low as $39.99, these five offer decent value for the individual consumer who is looking for a personal breathalyzer device:


For the tech savvy among us, there are breathalyzers that act as an add-on to your run of the mill smartphone. Just attach the device to your phone and you can test your blood alcohol level on the spot. Here are the three best breathalyzers with smartphone compatibility:


Next up — which devices are government-approved? These five breathalyzers are officially sanctioned by the Department of Transportation:


Finally, we categorized the different devices by placing them into either the lowest budget range (less than $100), mid-tier range ($100-$200), or most expensive range ($200+). You’ll notice that the most expensive breathalyzer, the Lifeguard Personal Breathlyzer, costs more than $250 and doesn’t even rank as one of the more popular devices. Check out the gif below to see the affordability breakdown!

Breathalyzer-cost-of-personal (1)


An Analysis of Drunk Driving Fatalities by State

Despite state and federal laws implemented to eradicate drunk driving in the United States, too many individuals still engage in this risky behavior – some with fatal consequences. The worst thing about driving while intoxicated is that you’re not only a danger to yourself — you put everyone else on the road at risk too. There are more than 10,000 deaths related to drunk drivers every year. A tragic statistic.

But when it comes to these drunk driving incidents, which states’ residents are guiltiest? Some might be what you’d expect. California, for instance, is one of the worst states when it comes to drunk driving fatalities. This makes sense when you consider the huge population, minimal public transportation options, and the notorious “car culture” of the major cities. The other states with considerable alcohol-related driving fatalities?

Texas, Florida, and North Carolina top the list.

That’s not a list you want to rank highly on.



Looking beyond the basic numbers however, we can see the highest rates of drunk driving per capita. This yields vastly different results.


So which states had the fewest drunk driving fatalities? Alaska, Vermont, and Rhode Island are the states with the fewest drunk driving casualties. But the states with the lowest rate of alcohol related driving fatalities per capita were the following:


This likely won’t come as a surprise considering states like New York have millions of people but far fewer drivers than most cities. Utah, with its high Mormon population and relatively strict laws meant to discourage drinking, has the lowest rate of drunk driving deaths per capita in the entire country.

And it’s not just adults who are responsible for these deadly accidents. Despite drinking laws that make it illegal for minors to purchase and consume alcohol, a startling number of fatal crashes are at the hands of under-21-year-olds. The following graphic illustrates the states with the most and least under-21 alcohol-related driving fatalities.


You can see that Texas, California, and Florida have the greatest number of fatal crashes by drunk drivers under 21, whereas South Dakota has, by far, the fewest.

Clearly, population plays a role here. Recent census data suggests that there are only about 850,000 people (or 10 people per square mile) in South Dakota, which means it’s much less likely a drunk teenager is going to hurt someone when he or she gets behind the wheel. By comparison, in California, there are 239 people per square mile on average throughout the state. Despite this factor, state population isn’t the only factor at play when it comes to drunk driving fatalities.

A more telling stat is the percent change in drunk driving fatalities in the past decade. Since 2003, some parts of the US have seen a drop in drunk driving deaths, while others have seen a significant increase. Those states with the most improved safety record are:


These three states had the greatest overall decrease in drunk driving casualties from 2003 to 2013.

Which states fared worst over time?

North Dakota

See the map below:



There are numerous factors that determine which states suffer most from alcohol-related driving fatalities. Infrastructure, population change, weather, and legislation all contribute to or prevent these accidents from occurring. We should be able to look at those states with the decreasing rates of drunk driving fatalities to learn what’s effective at decreasing the rate of drivers who choose to operate vehicles while under the influence.



The Best New York DUI Lawyer for Your Case

A DUI offense in New York may be a misdemeanor, but it is still a serious charge that can have consequences for the rest of your life. One mistake in judgment can change everything in the blink of an eye and you do not want to face these charges on your own. That is why doing your homework and choosing the best DUI attorney in New York possible is of the utmost importance.

As soon as charges have been leveled against you, it is time to start doing your homework and find an experienced New York DUI lawyer who specializes in defending only these types of cases. Someone who knows the ins and outs of New York’s DUI laws and all its intricacies, as well as what defenses work best in these types of cases is what you should be looking for.

Perhaps you have never had to find a lawyer before and do not know where to start. The Yellow Pages may seem like a good idea, but choosing someone randomly rarely works out. Instead, turn to the Internet and the New York bar association website. It lists attorneys in your particular area of New York and also what their experience and credentials are. It is always best to find someone who is familiar with where you live, as it is easier for you to meet—especially if you now have a suspended drivers’ license due to the DUI charge. You can also ask around for a good New York DUI attorney. It may be embarrassing to admit to friends or family what happened, but there is a chance someone you know faced these charges in the past as well and can give you the name and number of the attorney they used.

Once you have used your resources to find several attorneys, narrow your list down to about four or five to call. While this may seem like a lot, this is your future in the balance and finding the right attorney to defend you and help make sure you stay out of jail can make or break your life and even your financial wellbeing.

Do not allow a mistake you never should have made destroy you and use an attorney you feel confident with. After speaking for these lawyers on the phone, meet with one or two and choose one with pertinent experience who you also feel you can trust. Look for up front honesty and one who you feel a rapport with. Which DUI lawyer in New York you choose to defend your case is maybe one of the most important decisions you will ever make.


Do Not Go It Alone-Hire a DWI Attorney

Find the right New York DWI attorney can seem like a daunting task. After all, you have a very serious charge leveled against you and can be facing time in jail for a lapse in judgment one fateful day or night. You do not want that one bad judgment call to ruin your entire life, so making sure you have the right person to defend you against these charges is of the utmost importance.

If this is your first offense of this kind, a New York DWI lawyer will let you know what you are up against. You can face up to a year in jail, have your license suspended for six months and also pay steep fines of up to $1,000. The charge will also stay on your permanent record, which may hinder your chances of getting a job later on in life. A DWI attorney in New York will not lie to you. He will be as up front with you as possible about the seriousness of the charges you face, but also reassure you that there is indeed hope and you may not be headed towards a conviction at all.

There are various avenues a DWI lawyer in New York might take when defending your case. Was the arrest done properly? Did the officer have a good reason to pull you over if only a common law charge was filed, meaning the office felt you were unfit to drive, but did not administer a blood alcohol test? If a blood alcohol test was given, was it done according to correct legal procedure? If any legal proceedings were not done correctly on the arresting officer’s part, then your DWI attorney in New York may be able to get the charges completely dropped.

A DWI lawyer can also get charges reduced so that it becomes a misdemeanor that only carries a fine and no jail time will be served. The charges may also not go on your permanent record. There may be some cases where plea bargaining for lesser charges may be your best bet, but you would not know this without a good DWI attorney by your side. These are serious charges you do not want to face alone, and you don’t have to. If you are charged with a DWI, do not go it alone. As soon as possible, contact an attorney and set up that first meeting that can help change the course of your life.


Finding the Right DWI Attorney For You

An arrest for a DWI in New York is a serious offense that can involve jail time and steep fines if convicted. Many people do not realize they do not have face these charges alone and attorneys who specialize in DWI laws and these types of cases are available who can help you both feel more at ease and change your life.

One of the most important decisions you can ever make when faced with criminal charges is what legal expert will defend you against those charges in court. Finding the right New York DWI attorney is something you must do almost immediately after the charges have been leveled against you. Do not wait and start doing your homework right away on who is the best New York DWI lawyer to represent you and your unique case.

There are several ways to find the right DWI attorney in New York. First, use one of the best modern research resources out there—the Internet. The New York state bar association website will have a list of attorneys who specialize in DWI laws, as well as their credentials. You want to look for one who is familiar with your area, and one you do not have to travel far to meet with. Make some phone calls and talk to these lawyers on the phone to see if you have a rapport with any of them. A good relationship between a client and attorney may often get you the best results.

You can also ask around for referrals. You may not think you know anyone who has ever been charged with a DWI, but it does happen more than you realize. Getting advice on who the best DWI attorney in New York may be from people you already know can help set your mind at ease and guide you while making your decision. Once you have researched on the web and asked for referrals, narrow your choices down to about five DWI lawyers in New York, make an appointment for a consultation with each one. That may seem like a lot of attorneys to meet, but with an offense this serious, choosing the right lawyer is of the utmost importance.

Once meeting with these attorneys, do not hesitate to ask them questions about how they may help you and what their success rate is. The ones who are blatantly honest with you are usually the ones you can trust most, as a good attorney will not give you false expectations. You will have a long road ahead of you fighting these charges, but with the right attorney by your side, you will not have to fight them on your own.



DWI Vs. DUI in New York

In New York, there is very little distinction between DWIs and DUIs. The two terms are often used interchangeably in conversation and even when conversing with a New York DUI attorney. However, once you get to court the charge against you will be called a DWI.

DWI stands for driving while intoxicated, while DUI stands for driving under the influence. In many states that distinguish between the two, a DUI is a less serious offense. It may involve fines and your car being impounded, as well as court time. But, a DWI could also involve very unwanted jail time. In states that distinguish between the two charges, a DUI charge will be issued if the officer feels the driver is not capable of driving and no blood alcohol test is given. With a DWI in most states, a blood alcohol test is administered and if the content is .08% or higher, then a driving while intoxicated charge is leveled.

This works differently in New York state, where there are two different types of DWI charges that can be issued against someone, both causing them need for a New York DWI lawyer. You can be charged via what is called a “per se” law, where a blood alcohol test is performed. Or, you can be prosecuted via common law, which means the offense was leveled after an officer observed you should not be operating a motor vehicle. In this case, there was no blood alcohol test taken. If there is a blood alcohol test given, New York can prosecute offenders under both laws simultaneously.

A DWI charge is a serious offense. It may go on your record permanently and require you to spend time in jail. A conviction can change the course of your life, so the last thing you want to do is defend yourself in court on your own. A DWI attorney in New York can work with you and may even get the charges dropped. If a conviction were to be handed down, then he can also negotiate your sentence for you and you may not end up with jail time at all. A DWI lawyer in New York understands that people sometimes make serious errors in judgment and can help a judge see the same thing during a trial. You may be regretting the decision to go behind the wheel after drinking for many reasons and wonder what could have happened had an accident actually occurred. But, with a good lawyer by your side, you can feel confident that you are getting the best defense possible. Call us today and let us help you if you are facing a DWI charge in the state of New York.


How Does Billing Work when Dealing with DUI Attorney in New York

You probably have an idea already how much will it cost to get a lawyer in the City of New York.  But you’ll never know the real figure until you work with one.  If you have been charged with DUI or a loved one has been charged with it, the first thing that probably comes to mind is to get a lawyer.  In this article, let’s talk about how a New York DUI lawyer Law offices charges their clients and what are the additional fees.

Why do attorneys have varying rates?

You might wonder why there are DUI lawyers in attorney who have lower rates compared with the others.  Well, there are so many factors that affect the cost of legal services they offer.  One of which is the reputation of the lawyer.  There are many lawyers in New York who are usually chosen by many people charged with DUI.  They believe in the expertise of these lawyers.  Since with them you can be assured that the outcome of the case will be favorable to you, you won’t really mind at all.  This is the trend in New York.  Lawyers who come from big universities and law schools in New York, and those who are known to have excellent records in the field of law are the lawyers that are very expensive.

What are the things or services you need to pay the lawyer for?

Basically, all the services that will be provided by the lawyer to you must be paid (as in all of it).  Perhaps the only service free of charge is the consultation.  This is where the lawyer listens to you and assesses the possibility of you winning the case.  Once you close this conversation with the lawyer, you might be asked for an upfront fee.  This is also called the retainer.  This is their way of protecting their interests in any case their clients immediately refuse to be represented anymore.  Since it’s just an upfront payment, expect that there will be other fees to be asked from you.


All the documents and their preparation might be billed against you.  There are lawyers who already include these things in the overall payment.  Ask your attorney is the following things are included or separated from the fees you would have to pay him/her:

  • Filing fees / file storage costs, fees for file copies
  • Investigation, fees for the private investigators if there’s a need to hire them
  • Copies, faxes, process servers
  • Long distance phone calls, services of the messengers
  • Mileage/gasoline
  • Services from the law clerks
  • Consulting experts
  • transcription services
  • Independent laboratory fees (for sobriety testing)
  • Legal research
  • Medical fees


Be prepared for the increments.  These are the additional fees or charges that the attorney may demand from you.  Usually, attorneys bill clients for the time they spend talking to their clients.  What is this?  For instance, you called your lawyer and you talked to him for a couple of minutes, you will be charged for it at a certain rate. Even the callback may merit an increment.


DUI in New York: Possible Penalties

While it is true that the penalties of Drunk Driving cases in New York and in any other state in America are really devastating and upsetting, there are some things that you can do to get away from them without hiding from the police.  How?

Once convicted of violating the laws in Driving under the Influence (DUI) in the City of New York, below are the possible penalties that you may face:

Imprisonment – you can get jailed for a longer period of time.

Fees and charges – the toughest penalty next to imprisonment are the charges and fine you may need to pay.  Below are the things you need to pay for.

1.     Jail fees
2.     Tickets that may cost up to thousands
3.     Storage and towing of your car once it has been impounded
4.     Repair of the property that was damaged if any
5.     Hospitalization/rehabilitation and medications of the person injured if there’s any
6.     Insurance fees that may soar high
7.     Attorney’s fee which may also cost tens of thousands
8.     Bail bond
9.     Other charges

Suspension of License – you may not be allowed to operate or drive any type of vehicle in New York.  The suspension may be for several months or several years depending on the gravity or severity of the offense you committed.  You can file an appeal or petition to the court to allow you to drive if you’re attending school but the court may issue an order directing you to install an interlocking device which will not run if it detects alcohol content on your breath through BAC test.

New York DUI Lawyer Law: Defending your Rights

First, you need to look for an excellent New York DUI Lawyer Law firm or independent lawyer that will represent you all through the case proceedings.  During the consultation, you will know outright if you have a little or big chance of having the case dismissed before you.  The lawyer will ask you what really happened and you need to tell it all to him/her.  You may also be asked of your background (educational, employment, personal, and criminal).  Previous convictions for DUI cases may really affect your case negatively.   A good DUI attorney knows what to do best in your case.  He/she will do everything that can be done to make sure you go out of the courtroom free from criminal liabilities.


New York DUI Attorney Talks Applying for Probation

Have you ever imagined yourself spending days inside a prison cell?  Or perhaps losing some of your rights and privileges including your license to drive?  Have you ever thought of applying for a job but the employer rejected you because they found out you have a criminal record?

These are the usual things that happen to people convicted of DUI in New York and in all other states in the US.  It is therefore important that you learn the laws in your state and make every effort not to break them.  Anyway, these laws are for your own good and the security of other people.

The most common consequence of DUI in New York is imprisonment.  You may be sent to jail for a number of hours, days, months, or years depending on the gravity of the offense or the outcome of the violation you made.  But aside from this, there’s a very big possibility that you lose your license to drive for months, years, or for good! Most of the time, suspension of license is just limited to the state where you committed the offense.  So that means if you were arrested in New York and you’re license got suspended, you may be deprived of your right to operate a vehicle in New York but not to other states.

If you’ve caused harm to a person, an animal, or a property, you will not escape the other consequence, which is the paying of fines and charges for the damages you’ve caused to the aggrieved party.  For instance, you were driving your car and you hit somebody and you were convicted of reckless driving because of DUI, you will be asked to pay for the hospitalization, medications, lost charges, as well as the emotional and psychological damages.  Imagine how much will they ask from you!

Given that these are penalties that may be imposed on you, is there anything you can do about it?  Is there a way to skip the penalties or perhaps lessen them?  If it’s the first time that you have been convicted of DUI, you may apply for probation.  You need to seek help from a quailed New York DUI Lawyer Law to file a petition for probation.  Not all first-time violators are given the chance to undergo probation and skip the charges.  There are some qualifications you need to meet. And once you’ve been set for probation, expect that the authorities will be watchful.  Probation brings you under their strict supervision and you need to follow the conditions they will give.  You may face the original charges if you will violate the terms of the probation grant. Read more at our DUI blog.


What are the Penalties that you may get when convicted with DUI in New York?

New York is a very beautiful city.  It’s one of the most populous and highly developed cities in America.  Just like what they call it – New York is the city that never sleeps.  Nonetheless, New York is not free from lawbreakers especially DUI violators.  If you have been charged of DUI in the city, do you have an idea of what penalties you may face?

Just like in most states, DUI violations in New York are categorized into three phases.  We call it first, second, and third offense.  The penalties vary.  For first time violators, the penalties may be lighter.  But for the second and third offenses, penalties involve more than conviction and paying of fines.

The moment you have been arrested by the police you will be asked to stay in jail for a couple of hours, days, or weeks depending on the gravity of the case.  Well, the New York City jail has its own policies as to how long should the arrestee stay in jail. Again, the degree if the offense will follow.  For second and third offense, the arrestee may stay longer.   If you have been stopped by the officers and they conducted a sobriety test on you, you may get jailed for just a short period of time or you may be warned.  But, if you have caused injury to someone, or you’ve caused damaged to a property, you’re likely to spend longer time in jail.  You may also stay longer if the result of your sobriety test showed that your have very high BAC.   Generally, first time violators may be asked to spend 24 hours in jail which may last for several days.  Often, the time you have been arrested may be counted in favor of the time you will serve.  So if you have been arrested yesterday at 5pm and you were brought to the cit jail at around 9pm and you’re punished to stay there for 24 hours, you will be released by 5pm the next day.  For second or third time DUI offenders, the imprisonment may last for a few days to several months.  At worst, it can last for years.

Once convicted of DUI and after serving the penalties, the court may require you to install an ignition interlocking device on your vehicle.  So every time you will turn on your car engine, you would have to blow the device and an automated result of your BAC will be showed.  If it detects any trace of alcohol in your breath, the car will not start.  What makes it even worse is that this device is very expensive. You also need to maintain it every now and then.

Getting help from New York DUI Lawyer Law will certainly help you get away from these devastating penalties.