If you are facing charges for driving while intoxicated in New York, there is a lot at stake. Even if this is your first offense, potential penalties include fines, a license revocation, and jail time, as outlined by the NY State Department of Motor Vehicles.
If police have accused you of driving while intoxicated, it is important to remember that you still have options, and a conviction is not necessarily the only possible outcome. A DWI lawyer can help you explore these options while defending your rights every step of the way.
Contact Darren DeUrso, Attorney at Law to discuss your case with a criminal attorney in White Plains. Mr. DeUrso has been representing clients for more than 30 years, and he will use his foundation of experience to help you devise a strong defense. Call 914-772-8614 to schedule a consultation.
The most effective defense for your particular situation will ultimately depend on the facts of your case. Let’s explore some of the most common DWI defenses:
- Invalid Traffic Stop
Police must have probable cause to pull someone over before they can actually conduct a traffic stop. If you were following all the rules of the road when police pulled you over and your vehicle does not have any mechanical malfunctions, any evidence officers gathered during the traffic stop may be inadmissible.
Sobriety checkpoints are the exception to this defense, but even those have clear regulations that all police must follow. According to the Centers for Disease Control and Prevention, sobriety checkpoints are legal in the state of New York, and they do not constitute illegal search and seizure if police follow all local and federal guidelines when conducting them.
- Inaccurate Field Sobriety Test Results
Police must follow certain protocol when conducting field sobriety tests. If they fail to do so, the results will be inadmissible as evidence against you. For example, officers cannot expect you to perform the heel-toe test in inclement weather or when you are wearing inappropriate footwear.
- Improper BAC Testing
In order for breathalyzer tests to be accurate, officers must calibrate the device first. If they failed to do so, the results might not be admissible in court.
- Prescription Medication
Some kinds of medication can make you drowsy, which may give off the impression that you are drunk. Although you should never drive when you are drowsy, it is not technically illegal, and you should not face DWI charges for doing so. According to the National Conference of State Legislatures, though, New York has introduced a bill that would make drowsy driving a class A misdemeanor.
- Miranda Violations
When police arrest you, they must advise you of your rights. If they do not, the prosecutor typically cannot use anything you say as evidence against you during the subsequent trial.
If you are facing DWI charges, turn to Darren DeUrso, Attorney at Law to discuss your situation with a skilled criminal attorney. Mr. DeUrso can help you devise a comprehensive defense based on the particulars of your case.
Call 914-772-8614 to schedule a consultation with a DWI lawyer in White Plains. Visit USAttorneys.com to learn more about DWI defense strategies in New York.