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Top Defenses Against DWI Charges In New York

driving while intoxicated

Being charged with Driving While Intoxicated (DWI) in New York is a serious matter that can have significant consequences. It’s not just about potential jail time, heavy fines, and license suspension. A DWI charge can also have long-term effects on your driving record and insurance premiums. However, it’s crucial to understand that a DWI charge is not the same as a conviction. As an experienced New York DWI attorney, I’m well aware of the numerous defenses that can be used to challenge the evidence against you. Each case is unique, and understanding your legal options is the first step toward a successful defense.

New York’s DWI laws are strict, but they also offer avenues for contesting charges. Whether it’s a problem with how the traffic stop was conducted or issues with the breathalyzer equipment used, there are ways to challenge the prosecution’s case. I will now cover some of the most common and effective defenses against DWI charges in New York, helping you understand the legal landscape and what you might expect if you decide to fight your charges.

Challenging The Traffic Stop

One of the most common defenses against DWI charges begins with the traffic stop itself. Under the Fourth Amendment of the U.S. Constitution, law enforcement must have a legitimate reason to pull you over. In New York, officers cannot stop a vehicle without reasonable suspicion that a traffic violation has occurred, such as speeding or swerving, or that a crime is taking place. If the officer did not have reasonable suspicion, any evidence gathered during the stop — including the results of field sobriety tests or a breathalyzer — could be deemed inadmissible in court.

For instance, if you were stopped without clear evidence of a traffic violation, your attorney could file a motion to suppress the evidence. This could lead to the charges being reduced or even dismissed altogether, providing a ray of hope in a challenging situation.

Challenging The Field Sobriety Tests

Field sobriety tests are a common tool law enforcement uses to determine if someone is impaired, but they are far from perfect. These tests are highly subjective and often administered under less-than-ideal conditions. For example, poor weather, uneven surfaces, or the presence of medical conditions could all cause someone to fail a field sobriety test even if they are not intoxicated.

New York courts recognize that these tests can be unreliable, especially when administered incorrectly. A skilled New York DWI defense attorney will cross-examine the officer on the administration of the test, highlighting any errors or environmental factors that may have affected the outcome. In doing so, I can argue that the results of the field sobriety tests should be disregarded as evidence.

Contesting Breathalyzer Results

Breathalyzer tests are one of the most frequently used methods for determining blood alcohol concentration (BAC) during a DWI stop. However, the accuracy of breathalyzer results can be called into question. There are several reasons why these tests may produce inaccurate readings, including:

  • Calibration issues – Breathalyzer machines must be properly maintained and calibrated to provide accurate test results. If your attorney can find evidence that the breathalyzer was not calibrated according to the proper standards, the results could be invalidated.
  • Improper administration – Police officers must follow strict guidelines when administering a breathalyzer test. For example, if the officer did not observe you for a mandatory 20-minute observation period before administering the test, it could affect the reliability of the results.
  • Health conditions – There are some medical conditions, such as acid reflux or diabetes, can interfere with breathalyzer readings, potentially resulting in a falsely high BAC.

By challenging the reliability of the breathalyzer results, I can argue that the evidence does not meet the legal standard necessary to prove impairment beyond a reasonable doubt.

Blood Test Challenges

In some DWI cases, a blood test may be used to determine your BAC. Blood tests are typically more accurate than breath tests, but they are not immune to errors. There are strict procedures that must be followed when collecting, storing, and analyzing blood test samples. If any one of these protocols is violated, the blood test results will be called into question.

For example, if the blood sample was improperly stored or if there was a break in the chain of custody, it could lead to contamination or an incorrect BAC reading. By identifying these issues, I can challenge the credibility of the blood test and potentially have it excluded as evidence.

Lack Of Probable Cause For Arrest

Even if the traffic stop was lawful and the officer had reasonable suspicion to pull you over, they must have probable cause to make an arrest. Probable cause means that the officer has enough evidence to reasonably believe that you were driving while intoxicated. If the officer did not have sufficient evidence — such as failing field sobriety tests or slurred speech — the arrest itself could be challenged.

By questioning whether the arresting officer had probable cause to arrest you, I may be able to weaken the prosecution’s case. Without valid probable cause, all subsequent evidence, such as breathalyzer or blood test results, could be suppressed at trial.

Rising Blood Alcohol Defense

One lesser-known defense in DWI cases is the “rising blood alcohol” defense. After consuming alcohol, your BAC does not immediately rise; it takes time for the alcohol to be absorbed into your bloodstream. As a result, your BAC could be lower when you were driving and higher by the time you took a breathalyzer or blood test.

If you were tested long after being pulled over, I could argue that your BAC was below the legal limit while you were operating the vehicle and only rose above the limit after the stop. This defense can be particularly effective if there is a significant delay between your arrest and the administration of the test.

Procedural Violations And Due Process

Another important defense in DWI cases involves procedural violations by law enforcement. For example, if the police failed to properly inform you of your Miranda rights — your right to remain silent and your right to an attorney — any incriminating statements you made after your arrest could be inadmissible in court.

In some circumstances, if you were not given an opportunity to speak with a lawyer prior to deciding whether to take a chemical test, this could violate your due process rights under New York law. Procedural errors like these can weaken the prosecution’s case and sometimes result in the dismissal of charges.

Impact Of A DWI Conviction

DWI convictions in New York carry severe consequences, which can affect many areas of your life. Penalties for a first-offense DWI include up to one year in jail, fines ranging from $500 to $1,000, and a six-month license suspension. Repeat offenses or cases involving high BAC levels or accidents with injuries can result in even more severe penalties, including longer jail sentences, steeper fines, and longer license suspensions.

Additionally, a DWI conviction can lead to increased insurance rates, mandatory alcohol education programs, and the installation of an ignition interlock device in your vehicle. It can also affect your employment, particularly if your job requires driving.

New York DWI FAQs

What Happens If I Refuse To Take A Breathalyzer Test In New York?

If you refuse to take a breathalyzer test in New York, you face automatic penalties under the state’s “implied consent” law. By driving in New York, you implicitly agree to submit to chemical testing if a police officer has probable cause to believe you are impaired. Refusing the test can result in an automatic license suspension for at least one year, regardless of whether you are ultimately convicted of DWI.

Can I Get A DWI Charge Reduced To A Lesser Offense?

Yes, in some cases, it is possible to negotiate a reduction of a DWI charge to a lesser offense, such as Driving While Ability Impaired (DWAI), which carries lighter penalties. A skilled attorney can work with the prosecution to seek a plea deal that minimizes the impact of the charges. This will depend on the specifics of your case, including your BAC level, prior offenses, and whether there were aggravating factors.

How Long Does A DWI Stay On My Record In New York?

A DWI conviction stays on your driving record for (10) ten years in New York. However, the criminal conviction itself is permanent and can affect professional licenses, future employment opportunities, and other important aspects of your life.

What Is A Hardship License, And How Can I Get One?

A hardship license allows you to drive to specific places, such as work, school, or medical appointments, while your license is suspended following a DWI arrest. To obtain a hardship license, you must request a hearing and demonstrate that the suspension causes an extreme hardship. This is usually granted on a case-by-case basis.

Can I Challenge The Accuracy Of Field Sobriety Tests?

Yes, field sobriety tests can be challenged. These tests are often subjective and can be influenced by factors like fatigue, medical conditions, and environmental conditions. An experienced DWI attorney can cross-examine the officer about the administration of the tests and raise doubts about their reliability.

The Right Firm To Defend You Is Right Here

If you’ve been charged with DWI in New York, it’s important to act quickly and explore all your legal options. At Jonna Spilbor Law, we understand how overwhelming a DWI charge can be, and we’re here to help you build a strong defense. Contact our DWI attorney in Poughkeepsie at Jonna Spilbor Law by calling our Poughkeepsie office at 845-485-2529 or our New York City office at 646-922-9799 to receive your free consultation. We’ll evaluate your case and provide the guidance you need to fight your DWI charges.

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