What Constitutes Impairment?
If you have been arrested for a DWI, you may be worried about your future. Our experienced criminal defense lawyers will help you build a strong defense in the hopes of getting the charges reduced or dropped altogether. While building your defense, it may be discovered that the arrest was not valid. What constitutes impairment? Is the evidence accurate? These are some of the challenges we will address in court if necessary. Here is what you need to know.
What Constitutes Impairment? | New York Impairment Laws
If the police in New York believe that your driving ability is impaired, and you are found to be under the influence of prescription or illegal drugs or alcohol, you may be charged with driving while impaired by drugs. It is imperative to have a dedicated Buffalo DWI Attorney in your corner.
These are serious charges that carry serious DWI penalties, In the state of New York, the following blood alcohol contents (BACs) result in a DWI:
- 0.02 for ages under 21
- 0.08 for ages 21 and older
- 0.04 for commercial drivers
What Constitutes Impairment? | Building a Strong Defense
Challenging a DWI in New York can be difficult and requires an experienced Buffalo DWI Attorney to prove that an error occurred during your arrest or alcohol testing. Your DWI case is thoroughly examined by an experienced Buffalo DWI Attorney to ensure that your constitutional rights have not been violated. Buffalo DWI Attorney Arthur L. Pressman knows the steps to take to build a tough defense and challenge your arrest.
Possible types of challenges include the following:
- The validity of the stop: A possible error that can be made is when the police officer is lacking probable cause for making the stop.
- The qualifications of the person conducting the test: The person conducting the test or operating the machine must be certified or qualified in accordance with the law of the state. The testing can be ruled invalid if any discrepancy is discovered.
- The accuracy of the evidence presented: Our experienced Buffalo DWI Attorney will conduct a thorough investigation of the arrest report and data gathered, including breath tests and blood work. It is easy for labs to make errors that affect data.
If you or a family member needs a DWI attorney who is familiar with New York State criminal law, contact Buffalo DWI attorney Arthur Pressman at (716) 200-4625 or online. For your convenience, our office is on the subway line, and we offer a free initial phone consultation seven days a week.