Facing a DWI charge in New York can be overwhelming. The consequences of a conviction are serious, including hefty fines, a suspended or revoked license, and possible jail time. However, being charged with DWI does not mean a conviction is inevitable. There are several legal defenses that can be used to fight a DWI charge in New York. Understanding these defenses is crucial if you are facing this type of case. While the experience of being arrested for a DWI may feel like the end of the road, it is important to remember that there may be ways to challenge the charge. Having an experienced attorney by your side can significantly impact the outcome of your case.
Robert Friedman
Michael Ranzenhofer
Sam Alba
Justin Friedman
John Dracup
Understanding the DWI Charge in New York
In New York, a DWI charge is brought against a driver operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or more. DWI can also apply to drivers under the influence of drugs, including prescription medications or illegal substances. It’s important to know that DWI charges are not solely based on alcohol consumption, and law enforcement must follow strict procedures to ensure that your rights are not violated during the arrest. While being arrested for DWI may feel like the end of the line, law enforcement must have a valid reason for the stop and follow legal protocols. If they fail to do so, it could result in a solid defense for you.
Illegal Search and Seizure Defense
One of the most common ways to challenge a DWI charge is by arguing that your constitutional rights were violated during the traffic stop. The Fourth Amendment of the United States Constitution protects citizens from unreasonable searches and seizures, and law enforcement officers must have probable cause to stop a vehicle. If the officer did not have a valid reason to stop you, any evidence collected during the stop, including breath, blood, or field sobriety tests, may be inadmissible in court. For example, if the officer stopped you without probable cause or conducted the stop improperly, your attorney can argue that the evidence gathered as a result of the stop should be suppressed. In such cases, the charge could be dropped or reduced because the evidence that the prosecution relies on may no longer be valid.
Challenging the Accuracy of Sobriety Tests
Field sobriety tests are frequently used by officers to assess whether a driver is under the influence of alcohol or drugs. These tests can involve walking in a straight line, standing on one leg, or following an officer’s finger with your eyes. However, field sobriety tests are not always reliable, as various factors such as the driver’s physical condition, age, or even weather conditions can affect the results. If your attorney can demonstrate that the sobriety tests were not conducted properly or that your performance was influenced by other factors unrelated to alcohol, it can serve as a strong defense. Poorly administered or incorrectly evaluated field sobriety tests can cast doubt on the officer’s conclusions, making it difficult for the prosecution to prove their case.
Breathalyzer Test Defense
Breathalyzer tests are often the centerpiece of a DWI case, as they measure a driver’s blood alcohol concentration. However, breathalyzers are not infallible, and their results can sometimes be inaccurate. If the breathalyzer was not calibrated correctly or properly maintained, the test results may not be reliable. Additionally, if the officer did not follow the proper protocol when administering the test, the results may be called into question. Your attorney can investigate whether the breathalyzer was calibrated and maintained according to the manufacturer’s guidelines. If it turns out that the breathalyzer was not functioning correctly or that the officer did not follow the proper procedure, it could lead to a successful challenge to the test results and, consequently, the DWI charge.
Challenging Officer’s Observations
Another potential defense in a DWI case involves challenging the arresting officer’s observations. Police officers often rely on their personal observations, such as the smell of alcohol, slurred speech, or unsteady movements, to justify a DWI arrest. However, these observations can be influenced by factors other than alcohol, such as nervousness, fatigue, or even a medical condition. For instance, a person with a medical condition like diabetes or acid reflux might show symptoms such as slurred speech or unsteady movements, which could be mistaken for intoxication. If the officer’s observations were inaccurate or not based on reliable evidence, it can undermine the validity of the arrest. In such cases, your attorney may argue that the officer’s subjective observations were flawed and do not provide sufficient grounds for a DWI charge.
Rising BAC Defense
The “rising BAC” defense is based on the idea that alcohol takes time to enter the bloodstream and reach peak levels. If you were stopped shortly after drinking, your BAC may have been below the legal limit when you were driving, even though the breathalyzer test taken later showed a BAC above the legal limit. This defense is commonly used when the driver has recently consumed alcohol and there is evidence to suggest that the BAC was still rising at the time of the stop. Your attorney can present evidence that your BAC was still on the rise and may not have been over the legal limit at the time of driving. If this defense is successful, it could lead to a reduction or dismissal of the charges.
Involuntary Intoxication Defense
In some cases, a driver may have been unknowingly or involuntarily intoxicated. This can happen if a person is drugged without their knowledge, such as being unknowingly given alcohol or drugs that impair their ability to drive. If the intoxication was involuntary and the driver had no intention of driving under the influence, the charge may be challenged. The involuntary intoxication defense can be difficult to prove, as it requires showing that the driver was forced or unknowingly intoxicated. However, if your attorney can successfully present this defense, it could lead to a dismissal of the charge.
Lack of Proof of Intoxication
In some DWI cases, the prosecution may struggle to prove that the driver was intoxicated. Breathalyzer and field sobriety tests are often used to provide evidence of intoxication, but they are not always definitive. If the prosecution cannot provide solid proof that the driver was impaired, the case may be dismissed or reduced to a lesser charge. An experienced attorney can challenge the prosecution’s evidence and argue that the evidence presented is insufficient to prove that you were intoxicated at the time of the arrest.
Defenses Based on Medical Conditions
Certain medical conditions can mimic the signs of intoxication. For example, conditions like diabetes or acid reflux can cause symptoms such as slurred speech or a strong odor on the breath, which may be mistaken for alcohol consumption. If you have a medical condition that could explain the symptoms observed by the officer, your attorney may present this as a defense. By showing that your medical condition caused the signs of impairment, your attorney may be able to have the charge reduced or dismissed.
The Importance of Legal Representation
Fighting a DWI charge in New York can be challenging, but it is not impossible. With the right legal defenses, you may be able to avoid conviction or reduce the penalties associated with the charge. If you are facing a DWI charge, it is important to work with an attorney who can thoroughly examine your case, identify potential defenses, and develop a strategy tailored to your unique situation.
At Friedman & Ranzenhofer, PC, we understand the complexities of DWI cases and are committed to helping you navigate the legal process. Our team is dedicated to providing strong, personalized defense strategies that give you the best chance of achieving a favorable outcome. If you have been charged with a DWI, don’t hesitate to contact us for a consultation to discuss your case and explore your options.