Driving while intoxicated (DWI) or driving under the influence (DUI) charges can have serious consequences in Buffalo. If you are facing these charges, it is important to understand that not every case leads to a conviction. There are various strategies that can be used to challenge the charges against you. Knowing these defense strategies can help you fight for a better outcome. When facing DWI or DUI charges, working with an experienced attorney who understands the laws in Buffalo is critical. At, Friedman & Ranzenhofer, PC , we are here to guide you through the legal process and help you navigate the complexities of your case.
Robert Friedman
Michael Ranzenhofer
Sam Alba
Justin Friedman
John Dracup
Understanding the Charges
DWI and DUI charges are brought against people who are suspected of operating a vehicle while impaired by alcohol or drugs. In New York, the legal blood alcohol content (BAC) limit is 0.08 percent. If a driver is found to have a BAC at or above this limit, they may be charged with a DWI. Charges may also be brought if a driver is found to be impaired by drugs, whether they are illegal substances or prescription medications.
DWI and DUI cases are often based on evidence such as the results of breathalyzer tests, field sobriety tests, and observations made by law enforcement officers. However, these pieces of evidence can sometimes be flawed or misinterpreted. This means there may be opportunities to challenge the evidence and fight the charges.
Challenging the Traffic Stop
One of the most common defense strategies used in DWI and DUI cases is challenging the legality of the traffic stop. In order for a traffic stop to be legal, law enforcement officers must have a valid reason to pull over a driver. This is known as “probable cause.” If the officer did not have a valid reason to stop your vehicle, any evidence gathered during the stop, including the results of a breathalyzer or field sobriety test, may be thrown out.
For example, if an officer stopped you for swerving slightly or making a minor driving mistake, this may not be enough to justify a stop. If the court determines that the stop was illegal, your case could be dismissed.
Questioning the Results of Breathalyzer Tests
Breathalyzer tests are often used by law enforcement to determine whether a driver is over the legal BAC limit. However, these tests are not always reliable. The machines used to administer breathalyzer tests must be properly maintained and calibrated in order to provide accurate results. If the machine used in your test was not properly maintained or calibrated, the results of the test could be inaccurate.
Additionally, the test must be administered correctly by a trained officer. If the officer did not follow proper procedures, the results of the test could be called into question. Breathalyzer results can also be affected by factors such as medical conditions, mouthwash, or certain foods. In some cases, these factors can cause the machine to produce a false positive result.
If the reliability of the breathalyzer test is in doubt, your attorney may be able to argue that the results should not be used as evidence against you. This can weaken the prosecution’s case and may lead to a dismissal or reduction of charges.
Challenging the Field Sobriety Test
Field sobriety tests are another tool that law enforcement officers use to determine whether a driver is impaired. These tests typically involve a series of physical tasks, such as walking in a straight line or standing on one leg. However, these tests are not foolproof. Many factors, including medical conditions, fatigue, nervousness, and even the weather, can affect a person’s ability to perform these tasks.
If you have a medical condition that makes it difficult to balance or perform physical tasks, your performance on the test may not be a true reflection of your sobriety. Similarly, if you were nervous or tired at the time of the test, this could have affected your performance.
Your attorney may argue that the results of the field sobriety test are not reliable evidence of impairment. If the court agrees, this could weaken the prosecution’s case and improve your chances of a better outcome.
Questioning the Officer’s Observations
In many DWI and DUI cases, the prosecution relies on the observations of the arresting officer to build their case. The officer may claim that you were driving erratically, had bloodshot eyes, or smelled of alcohol. While these observations can be used as evidence of impairment, they are subjective and open to interpretation.
There may be innocent explanations for some of the officer’s observations. For example, bloodshot eyes could be the result of allergies or lack of sleep, rather than alcohol consumption. The smell of alcohol does not necessarily mean that a person is impaired, especially if the amount of alcohol consumed was small.
Your attorney may argue that the officer’s observations were misinterpreted or exaggerated. If the court agrees, this could weaken the prosecution’s case.
Proving Lack of Control
In order to be convicted of a DWI or DUI, the prosecution must prove that you were actually operating the vehicle. In some cases, it may be possible to argue that you were not in control of the vehicle at the time of the alleged offense.
For example, if you were sitting in a parked car with the engine off, it may be difficult for the prosecution to prove that you were operating the vehicle. Similarly, if you were in the passenger seat or outside the vehicle when the officer arrived, this could be used as a defense.
If there is doubt about whether you were in control of the vehicle, your attorney may be able to argue that the charges should be dismissed.
Proving a Medical Condition
In some cases, a medical condition may explain the symptoms that led to your DWI or DUI arrest. For example, certain medical conditions can cause symptoms that mimic intoxication, such as slurred speech, confusion, or difficulty balancing. If you have a medical condition that could explain these symptoms, your attorney may present this as a defense.
Additionally, some medical conditions can affect the results of breathalyzer tests. For example, people with diabetes may have elevated levels of acetone in their breath, which can cause a false positive on a breathalyzer test. If a medical condition could have affected the results of the test or the officer’s observations, this could be used as part of your defense.
Plea Bargaining
In some cases, it may be in your best interest to negotiate a plea bargain with the prosecution. A plea bargain involves pleading guilty to a lesser charge in exchange for a reduced sentence. For example, you may be able to plead guilty to a traffic violation instead of a DWI or DUI.
While this strategy does not result in a dismissal of the charges, it can help you avoid the more serious consequences of a DWI or DUI conviction, such as jail time or a lengthy license suspension. Your attorney can help you determine whether a plea bargain is the best option in your case.
If you are facing DWI or DUI charges in Buffalo, it is important to take action as soon as possible. The consequences of a conviction can be serious, but with the right defense strategy, it may be possible to fight the charges and avoid the worst outcomes. Whether you are challenging the traffic stop, questioning the results of a breathalyzer test, or exploring other defense strategies, having an experienced attorney by your side can make all the difference.
At Friedman & Ranzenhofer, PC, we understand the challenges that come with fighting DWI and DUI charges. Our team is committed to helping you navigate the legal process and achieve the best possible outcome for your case. If you are facing charges, contact us today to discuss your options and begin building your defense. We are here to help you protect your rights and your future.