Facing a DWI charge in New York State can be overwhelming. If you have found yourself in this situation, know that you are not alone. Many people experience feelings of confusion and anxiety when dealing with the complexities of the legal system. Our firm understands how daunting this can feel, and we are here to help. We are committed to guiding you through this challenging time and working toward the best possible outcome for your case.
Arthur Pressman focuses in the areas of DWI, traffic law and criminal defense.
Understanding DWI Charges in New York State
Driving while intoxicated is a serious offense in New York. The consequences of a conviction can include significant fines, license suspension, increased insurance rates, and even jail time. These penalties can disrupt your personal and professional life, making it crucial to have a clear understanding of the charges against you and the available legal options.
New York has strict laws governing impaired driving. If your blood alcohol concentration is at or above the legal limit, or if law enforcement suspects you are impaired by alcohol or drugs, you could face charges. The evidence in these cases often includes breathalyzer or chemical test results, officer observations, and field sobriety tests. While these may seem like insurmountable hurdles, there are several defense strategies that could help challenge the prosecution’s case.
Challenging the Legality of the Stop
One of the most effective ways to defend against a DWI charge is to question whether the initial traffic stop was lawful. Law enforcement must have reasonable suspicion to pull you over. This means they must observe specific behavior that suggests you may be breaking the law, such as erratic driving or a traffic violation. If it can be shown that the stop was conducted without proper justification, any evidence gathered during the stop may be inadmissible in court.
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.
Examining the Accuracy of Testing Equipment
Breathalyzers and other chemical testing devices must be properly maintained and calibrated to provide accurate results. Errors in maintenance or operation can lead to false readings, which could unfairly indicate that your blood alcohol concentration was above the legal limit. By scrutinizing the calibration records and maintenance history of the device used in your case, your attorney can identify potential inaccuracies that may undermine the prosecution’s evidence.
Questioning the Administration of Field Sobriety Tests
Field sobriety tests are commonly used by law enforcement officers to determine impairment. These tests include tasks such as walking in a straight line or standing on one leg. However, they are subjective and prone to human error. Factors such as poor weather, uneven surfaces, or medical conditions can impact your ability to perform these tests, even if you are not impaired. An attorney can review how these tests were conducted and highlight any issues that could cast doubt on their reliability.
Identifying Procedural Errors
Law enforcement officers must follow strict procedures when conducting DWI investigations. This includes adhering to protocols for traffic stops, arrests, and the administration of chemical tests. Any deviation from these procedures can result in violations of your rights. For example, failing to inform you of your right to refuse a chemical test or improperly administering such a test could weaken the prosecution’s case.
Choosing a DWI Lawyer Cost of a DWI AttorneyRelated Videos
Exploring Medical or Health Conditions
Certain medical conditions can mimic the signs of intoxication or interfere with the results of chemical tests. Conditions such as acid reflux, diabetes, or neurological disorders can produce symptoms or test results that may be misinterpreted as impairment. Presenting evidence of these conditions can provide a reasonable explanation for the observed behavior or test results, potentially leading to a reduction or dismissal of the charges.
Demonstrating Alternative Explanations for Observed Behavior
The prosecution often relies on an officer’s observations of your behavior to build their case. This can include noting slurred speech, bloodshot eyes, or an unsteady gait. However, these symptoms can result from various factors unrelated to alcohol or drug use, such as fatigue, allergies, or emotional distress. By presenting alternative explanations, your attorney can create doubt about the prosecution’s claims.
The Impact of a Strong Defense on Your Future
A conviction for a DWI charge can have far-reaching consequences, affecting your driving privileges, financial stability, and even your career opportunities. However, with a well-crafted defense, it is possible to mitigate these outcomes. A strong defense can lead to reduced penalties, dismissal of charges, or even acquittal. This can make a significant difference in your life, allowing you to move forward with greater confidence and security.
Case Results
Proactive Steps to Strengthen Your Case
If you are facing a DWI charge, it is essential to take immediate action. Document every detail you remember about the incident, including the circumstances leading up to the stop, the officer’s behavior, and the events that followed. This information can be invaluable in identifying potential weaknesses in the prosecution’s case. Additionally, refrain from discussing your case with anyone other than your attorney to avoid misunderstandings or unintentional admissions that could be used against you.
The Importance of Legal Representation
Navigating the legal system and defending against DWI charges requires a thorough understanding of the law and the ability to analyze complex evidence. Attempting to handle your case on your own can be overwhelming and may result in unintended consequences. Working with an experienced attorney ensures that your rights are protected and that you have the best possible defense.
Every DWI case is unique, and the specific defense strategies that apply will depend on the details of your situation. Our firm takes a personalized approach, carefully reviewing the circumstances of your case to identify the most effective legal options. Whether it involves challenging the legality of the stop, questioning the reliability of evidence, or highlighting procedural errors, we are committed to providing the strongest possible defense.
Facing a DWI charge is undoubtedly stressful, but you do not have to face it alone. At Arthur L. Pressman, Attorney at Law, we are here to provide compassionate guidance and skilled representation. Contact us today to discuss your case and learn how we can help protect your future.