Getting arrested for a Driving While Intoxicated (DWI) charge in New York is a serious and unsettling situation that can lead to major disruptions in your life. If you or a loved one is facing these charges, it’s important to understand the possible defenses against DWI charges and that the right DWI defense strategy can make a significant difference in the outcome of your case.
Call or contact Greenspan & Greenspan, P.C. online to get the legal help you need today. A skilled lawyer with our team can evaluate your case, review DWI defenses, and guide you through this challenging time.
What Is a DWI Charge?
A DWI charge in New York means that a driver was operating a vehicle while impaired by alcohol or drugs. Impairment is measured differently for various substances. But for alcohol, you are breaking the law and can be charged with DWI if your blood alcohol content (BAC) is .08% or higher. However, even if your BAC is below .08%, you can still face charges if you’re visibly impaired. For drivers under 21 or commercial drivers, stricter limits apply.
This serious offense can involve consequences such as fines, license suspension, and even jail time. Understanding these charges and knowing your options for defending against them is crucial to protecting your rights.
Common DWI Defense Strategies
When facing a DWI, your attorney will look for specific defenses that apply to the facts of your case. Not every case is the same, so it’s crucial to have a customized DWI defense strategy.
Challenging the Traffic Stop
One of the most common defenses against DWI charges is questioning the reason for the traffic stop. Police need a valid reason to pull you over. If the officer did not have a reasonable suspicion that you were breaking the law, your case could be thrown out. For example, if you were stopped without swerving, speeding or breaking any traffic laws, this defense might apply.
Questioning Field Sobriety Tests
Field sobriety tests, such as the walk-and-turn, one-leg stand, and horizontal gaze nystagmus (HGN) tests, can be inaccurate. Several factors, including poor weather conditions, poorly given instructions, or medical issues, could affect your performance on these tests. A lawyer may argue that the tests were not reliable, which could weaken the prosecution’s case against you.
Problems with the Breathalyzer Test
Breathalyzer tests are often used to measure your BAC. However, these devices are not foolproof. Improper calibration, poor maintenance, operator error, or health conditions like acid reflux can give false readings. Your attorney may use these issues to argue that the results are unreliable or inaccurate.
Other Defenses Against DWI Charges
Aside from questioning the tests and the traffic stop, there are other defenses against DWI charges that may be available.
Medical Conditions
Certain medical conditions, such as diabetes or neurological disorders, can mimic signs of intoxication. For example, a diabetic’s low blood sugar may cause slurred speech or unsteady movements, leading to a mistaken DWI arrest. If you have a medical condition that could explain your behavior, your attorney can use this as a defense.
Lack of Reliable Evidence
For a DWI conviction, the prosecution must prove their case beyond a reasonable doubt. If there is not enough evidence, if the officer’s perceptions were suspect, or if key evidence was improperly handled, your attorney can argue that the evidence is questionable at best. Inaccurate or questionable evidence usually raises a reasonable doubt, and this can lead to an acquittal or a dismissal of the charges.
Rising Blood Alcohol Levels
Sometimes, a driver’s BAC can rise between the time of the traffic stop and the time that law enforcement administers the breathalyzer test. Alcohol takes time to absorb into the bloodstream, so your BAC might have been below the legal limit when you were actually driving. This defense can help show that you were not over the limit at the time of the arrest.
DWI Defense Strategy for Westchester and Rockland Counties
In Westchester County, NY, and Rockland County, NY, the courts take DWI charges seriously. However, just because you were arrested doesn’t mean you’ll be convicted. A strong DWI defense strategy can help fight the charges and protect your future. Let’s look at some important steps you can take:
- Contact a lawyer immediately. The first step in defending a DWI case is to exercise your right to remain silent and to get legal advice from an experienced attorney. The sooner your lawyer gets to work challenging the State’s case, the better your outcome could be.
- Review the evidence. Your attorney will carefully review the police report, witness statements, and test results to identify weaknesses in the prosecution’s case.
- Consider alternative sentencing. In some cases, you might be eligible for a plea bargain to a reduced charge as well as reduced penalties you face.
By taking immediate action and working with an experienced attorney from Greenspan & Greenspan Injury Lawyers, you can strengthen our defense and improve your chances of a favorable outcome.
Protect Your Future with a Strong DWI Defense by Greenspan & Greenspan Injury Lawyers
A DWI charge can have lasting effects on your life. Whether you are worried about losing your license or facing jail time, it’s essential to act quickly. At Greenspan & Greenspan Injury Lawyers, our team has over 30 years of experience providing Rockland and Westchester County clients with DWI defenses that aim to reduce penalties and protect their futures. With a skilled attorney from our team by your side, you can pursue the best possible outcome for your case. Call or contact us online today to get the legal support you need.
