Driving under the influence (DUI) is a serious offense in any context, but when the driver is underage, the legal implications can be even more severe. In New York, as in many other states, the law is particularly stringent when it comes to underage drinking and driving. The state maintains a zero-tolerance policy for drivers under the legal drinking age of 21, meaning that even the slightest trace of alcohol in an underage driver’s system can result in significant legal consequences. Underage drivers found with a blood alcohol content (BAC) of 0.02 percent or higher can face DUI charges, leading to penalties that may include fines, license suspension, mandatory alcohol education programs, and potentially even jail time. Given these harsh repercussions, it is crucial for those accused of underage DUI to understand the defenses available to them and to seek competent legal representation.
Arthur Pressman focuses in the areas of DWI, traffic law and criminal defense.
Challenging the Traffic Stop
One of the primary defenses in an underage DUI case is to challenge the legality of the initial traffic stop. Law enforcement officers must have a valid reason for stopping a vehicle. If the stop was made without probable cause, any evidence obtained as a result may be deemed inadmissible in court. This can include evidence such as breathalyzer results, field sobriety tests, and any admissions made by the driver. A skilled defense attorney can scrutinize the circumstances surrounding the stop to determine if the officer had a legitimate reason for pulling the vehicle over. If it can be proven that the stop was unjustified, the case against the underage driver may be significantly weakened or even dismissed.
Questioning the Accuracy of BAC Tests
Another crucial defense strategy involves questioning the accuracy and reliability of the blood alcohol content tests administered at the scene or at the police station. Breathalyzer machines and other testing devices are not infallible and can produce erroneous results due to various factors. For instance, the machine may not have been properly calibrated or maintained, leading to inaccurate readings. Additionally, the officer administering the test may not have followed the correct procedures, which can also result in flawed results. Medical conditions and certain substances can also affect BAC readings. For example, mouthwash or breath fresheners containing alcohol can artificially inflate BAC levels. An experienced defense attorney can investigate these aspects and potentially demonstrate that the BAC reading was incorrect, thereby challenging the prosecution’s evidence.
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.
Arguing Lack of Impairment
Even if the BAC test indicates the presence of alcohol, the defense can argue that the driver was not impaired at the time of the arrest. New York’s zero-tolerance law for underage drivers is strict, but it still requires proof of impairment. The prosecution must demonstrate that the driver was impaired to a degree that affected their ability to operate the vehicle safely. This can be contested by examining the driver’s behavior, appearance, and performance on field sobriety tests. If the defense can show that the driver was in control of their faculties and driving safely, it may help in reducing the charges or penalties.
Examining Field Sobriety Tests
Field sobriety tests are commonly used by law enforcement to assess a driver’s level of impairment. However, these tests are often subjective and can be influenced by various factors unrelated to alcohol consumption. For instance, physical conditions such as injuries, fatigue, or even nervousness can affect a person’s performance on these tests. Environmental conditions, such as uneven pavement or poor lighting, can also impact the results. A defense attorney can challenge the validity of the field sobriety tests by highlighting these issues and arguing that the tests did not accurately reflect the driver’s level of impairment.
Contesting the Administration of Miranda Rights
The rights of the accused are a fundamental aspect of the legal process, and any violation of these rights can be grounds for a robust defense. One such right is the Miranda warning, which must be read to an individual at the time of arrest. This warning informs the accused of their right to remain silent and to have an attorney present during questioning. If law enforcement officers fail to administer the Miranda warning, any statements or confessions made by the accused may be deemed inadmissible in court. A defense attorney can examine whether the Miranda rights were properly administered and, if not, argue for the exclusion of any evidence obtained as a result.
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The Role of Sobriety Checkpoints
Sobriety checkpoints are another common method used by law enforcement to identify and apprehend impaired drivers. However, the legality of these checkpoints can be challenged if they do not comply with specific legal standards. For a sobriety checkpoint to be lawful, it must be conducted according to predetermined guidelines that ensure it does not violate drivers’ constitutional rights. These guidelines include factors such as the location and timing of the checkpoint, the manner in which vehicles are stopped, and the presence of advance notice to the public. A defense attorney can investigate whether the sobriety checkpoint adhered to these legal requirements and challenge the evidence obtained if any violations are found.
Investigating the Arresting Officer’s Conduct
The conduct of the arresting officer can also play a critical role in the defense of an underage DUI case. Law enforcement officers are expected to follow proper procedures and act within the bounds of the law during an arrest. Any deviation from these standards can be used to question the validity of the arrest and the evidence collected. For instance, if the officer used excessive force, exhibited bias, or failed to follow protocol, it can be argued that the arrest was unlawful. Additionally, the officer’s credibility can be scrutinized if there is a history of misconduct or if their account of the events is inconsistent. By thoroughly investigating the officer’s conduct, a defense attorney can build a case for the dismissal or reduction of charges.
Highlighting the Driver’s Lack of Prior Record
An important aspect of defending an underage DUI case is to highlight the accused’s lack of a prior criminal record. If the driver has no history of DUI or other criminal offenses, it can be argued that they should be given a second chance. The court may consider the individual’s clean record and potential for rehabilitation when determining the severity of the penalties. A defense attorney can present evidence of the driver’s good character, community involvement, and positive contributions to society to support this argument. Emphasizing the driver’s otherwise law-abiding behavior can be a persuasive factor in seeking leniency from the court.
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Exploring Plea Bargains
In some cases, exploring plea bargains may be a viable strategy for resolving an underage DUI charge. A plea bargain involves negotiating with the prosecution to reach an agreement that benefits both parties. This can result in reduced charges, lighter penalties, or alternative sentencing options such as probation or community service. Plea bargains can be particularly advantageous for underage drivers, as they may help avoid a permanent criminal record and the long-term consequences associated with a DUI conviction. An experienced defense attorney can assess the strengths and weaknesses of the case and negotiate with the prosecution to secure a favorable outcome.
Emphasizing the Importance of Legal Representation
The complexities of underage DUI cases underscore the importance of having knowledgeable legal representation. Navigating the legal system and mounting a strong defense requires a deep understanding of the law, attention to detail, and strategic thinking. An experienced DUI defense attorney can provide invaluable guidance and support throughout the process. They can conduct a thorough investigation, identify weaknesses in the prosecution’s case, and develop a compelling defense strategy tailored to the specific circumstances of the case. With the right attorney, an underage driver can significantly increase their chances of achieving a favorable outcome.
If you or a loved one is facing an underage DUI charge in New York, it is crucial to seek legal assistance promptly. Arthur L. Pressman, Attorney at Law, has extensive experience in defending underage DUI cases and understands the unique challenges involved. Our firm is dedicated to protecting the rights of young drivers and ensuring they receive fair treatment under the law. We provide personalized legal counsel and work tirelessly to build a robust defense aimed at achieving the best possible outcome for our clients.
Contact Arthur L. Pressman, Attorney at Law, today to schedule a consultation and learn how we can help you navigate this difficult time. Your future is too important to leave to chance. Let us provide the skilled representation you need to defend against underage DUI charges and move forward with confidence.