Driving while intoxicated (DWI) charges in New York can have severe consequences, impacting your personal and professional life. A conviction can lead to hefty fines, license suspension, and even jail time. However, a strong defense can make a significant difference in the outcome of your case. Understanding the strategies that can be employed to build a robust DWI defense is crucial for anyone facing such charges.
Arthur Pressman focuses in the areas of DWI, traffic law and criminal defense.
Understanding DWI Laws in New York
In New York, DWI laws are stringent, with clear definitions and severe penalties. A DWI is typically charged when a driver’s blood alcohol concentration (BAC) is 0.08% or higher. For commercial drivers, the limit is 0.04%, and for drivers under the age of 21, it is 0.02%. The state also has laws against driving while ability impaired by alcohol (DWAI) and driving under the influence of drugs (DUID). Understanding the nuances of these laws is the first step in building a defense. The legal system categorizes offenses based on the level of impairment and prior convictions, influencing the severity of the penalties.
Challenging the Traffic Stop
One of the primary strategies in a DWI defense is to challenge the legality of the traffic stop. Law enforcement officers must have a valid reason, known as reasonable suspicion, to pull over a vehicle. This could be due to erratic driving, speeding, or other traffic violations. If the stop was conducted without reasonable suspicion, any evidence gathered during the stop could be deemed inadmissible in court. This can significantly weaken the prosecution’s case, potentially leading to a dismissal of the charges.
I was advised by a mutual acquaintance to contact Mr. Pressman following my DWI that I received on December 28, 2015. This was the best advice that I could have been given. He was available immediately to speak with. I was put at ease after speaking with him. It was my first DWI and I had no idea what to expect. It was an isolated case of making a very foolish decision to drive. I had so much anxiety and fear of the unknown. Throughout my whole case Mr. Pressman was very reassuring and kept a positive attitude about what my outcome was going to be. He was available several times when I had random questions and never made me feel like an inconvenience. He was right! My case ended up being reduced to a violation from a misdemeanor and now I can finally begin to have my life back to normal. It was a hard lesson to learn but with the right attorney by your side the transition will be easier. Anita D.
Questioning the Field Sobriety Tests
Field sobriety tests (FSTs) are commonly used by officers to determine if a driver is impaired. These tests include the horizontal gaze nystagmus (HGN), the walk-and-turn, and the one-leg stand. However, these tests are not foolproof and can be challenged on various grounds. Factors such as uneven road surfaces, poor lighting, weather conditions, and the driver’s medical conditions can affect performance. Additionally, the officer’s instructions and observations can be scrutinized for inconsistencies or errors.
Scrutinizing Breathalyzer Results
Breathalyzer tests are a critical component of DWI cases, providing quantitative evidence of a driver’s BAC. However, these tests are not infallible. The accuracy of breathalyzer results can be challenged by questioning the calibration and maintenance of the device, the administration of the test, and the qualifications of the officer conducting the test. Furthermore, external factors such as the presence of mouth alcohol, certain medical conditions, and even the consumption of specific foods or medications can lead to inaccurate results.
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Exploring Alternative Explanations for BAC Levels
Another defense strategy involves providing alternative explanations for elevated BAC levels. For instance, conditions such as acid reflux, diabetes, or certain diets can result in higher BAC readings. Additionally, residual mouth alcohol from recent consumption of alcohol-based products like mouthwash or cough syrup can affect the results. By presenting credible medical or scientific evidence, it is possible to cast doubt on the prosecution’s claim that the BAC level accurately reflects impairment.
Examining Blood Test Procedures
In cases where blood tests are used to determine BAC, the procedures and protocols followed during the collection, storage, and analysis of the blood sample are critical. Any deviation from standard procedures can compromise the integrity of the sample, leading to inaccurate results. Contamination, improper storage, or delays in analysis can all be grounds for challenging the validity of the blood test results.
Investigating the Arrest Process
The arrest process itself can provide grounds for defense. Law enforcement officers must adhere to specific protocols when making an arrest, including informing the suspect of their rights, known as Miranda rights. Failure to properly administer these rights can lead to the exclusion of statements made by the suspect during the arrest. Additionally, any signs of coercion, intimidation, or improper conduct by the officers can be used to challenge the legitimacy of the arrest.
Case Results
Highlighting Medical Conditions
Certain medical conditions can mimic signs of impairment, leading to false accusations of DWI. For example, conditions such as hypoglycemia, neurological disorders, or even fatigue can cause symptoms similar to those of alcohol impairment. By presenting medical records and testimony, it is possible to demonstrate that the observed signs of impairment were actually due to a medical condition rather than alcohol consumption.
Utilizing Witness Testimonies
Witness testimonies can play a crucial role in a DWI defense. Passengers in the vehicle, bystanders, or even the driver’s acquaintances can provide valuable insights into the driver’s condition and behavior prior to the traffic stop. Their accounts can help corroborate the defense’s version of events and challenge the prosecution’s narrative. Additionally, witnesses, such as toxicologists or medical professionals, can provide scientific explanations and challenge the reliability of the evidence presented by the prosecution.
Negotiating Plea Bargains
In some cases, negotiating a plea bargain may be the most pragmatic approach. A plea bargain involves the defendant agreeing to plead guilty to a lesser charge in exchange for reduced penalties. This can be particularly beneficial in situations where the evidence against the defendant is strong, and a conviction seems likely. However, it is essential to carefully consider the long-term implications of a plea bargain, including the impact on driving privileges and criminal record.
Addressing Prior Convictions
For individuals with prior DWI convictions, the stakes are even higher. New York imposes harsher penalties for repeat offenders, including longer license suspensions, higher fines, and extended jail time. A defense strategy for repeat offenders may involve addressing the circumstances of prior convictions, exploring the possibility of expungement, or presenting evidence of rehabilitation efforts, such as completion of alcohol treatment programs.
Evaluating Chemical Test Refusals
Refusing to take a chemical test (breath, blood, or urine) after being arrested for DWI can lead to automatic penalties, including license suspension. However, there are defense strategies that can be employed in cases of chemical test refusal. These include challenging the legality of the arrest, the adequacy of the warnings provided by the officers regarding the consequences of refusal, and any procedural errors that occurred during the refusal process.
Emphasizing Lack of Evidence
In some cases, the prosecution may lack sufficient evidence to prove beyond a reasonable doubt that the defendant was driving while intoxicated. This could be due to insufficient or unreliable test results, lack of eyewitnesses, or inconsistencies in the officer’s report. A defense attorney can identify these weaknesses and argue for a dismissal or reduction of the charges.
Navigating Administrative Hearings
In addition to the criminal court proceedings, individuals charged with DWI in New York may also face administrative hearings with the Department of Motor Vehicles (DMV) regarding license suspension or revocation. It is essential to navigate these hearings effectively, as the outcomes can impact driving privileges. A strong defense involves presenting evidence, questioning the procedures followed by the arresting officers, and demonstrating compliance with any court-ordered requirements.
Focusing on Rehabilitation and Education
Demonstrating a commitment to rehabilitation and education can positively influence the outcome of a DWI case. Enrolling in alcohol education programs, attending support group meetings, and participating in community service can show the court that the defendant is taking responsibility for their actions and is committed to making positive changes. This proactive approach can be persuasive in negotiations for reduced penalties or alternative sentencing options.
Defend Your Rights and Future — Contact Us Today
If you or a loved one is facing DWI charges in New York, it is crucial to seek legal representation from an experienced attorney. Arthur L. Pressman, Attorney at Law, is dedicated to providing comprehensive and personalized legal services to help you navigate the complexities of DWI defense. Our firm understands the nuances of DWI laws and is committed to building a strong defense tailored to your unique circumstances. Contact us today to schedule a consultation and take the first step towards protecting your rights and securing your future.