Many drivers throughout the State of New York are arrested for Driving While Intoxicated (DWI) every day.
After being arrested on DUI charges, many drivers want to know whether or not it is possible to fight the charges that they are facing. In fact, one of the most common DWI-related questions that we here from those who have been arrested for DWI in New York is: “Can I Fight The Charges Against Me?”.
In this article, our experienced New York DWI defense attorneys discuss why it is often possible to challenge a DUI arrest and talk about specific ways to fight a DUI.
If you or a loved one are seeking professional legal representation or have any questions about DWI , you can contact our DWI defense lawyers today for a free consultation.
3 Ways To Fight A DWI Arrest In New York
Being arrested for suspicion of driving while intoxicated can be a scary experience. Many drivers arrested on DWI charges wrongly assume that the only possible outcome is a conviction with standard penalties.
But what many individuals facing DUI charges in New York do not realize is that a DWI arrest does not always lead to a conviction. There are often many other options available after a DWI arrest in New York and many drivers are able to obtain favorable outcomes with the assistance of a DWI defense lawyer.
1.) Challenge The Vehicle Stop That Resulted In Your DWI
In order to legally stop a vehicle on the road, a police officer must have probable cause that a traffic violation or crime has occurred.
A few examples of legitimate reasons to make a traffic stop include:
- erratic driving,
- or a broken taillight.
But many drivers are arrested for DWI after being pulled over in an illegal traffic stop.
Did The Officer Make A Legal Traffic Stop?
If a police officer illegally stops your vehicle and you are subsequently arrested for driving while intoxicated, then you may be able to successfully challenge your DWI arrest.
While this is one of the most common ways to challenge a DWI arrest in New York, it is by no means easy. You will need to prove that the officer did not have probable cause to stop your vehicle.
2.) Challenging Results of Field Sobriety & Chemical Tests
It is also possible to fight a DWI arrest by challenging the results of the field sobriety tests and chemical tests that you may have submitted to.
When a police officer suspects a driver of being intoxicated, the police officer will usually administer certain tests in order to estimate the driver’s alleged level of intoxication.
Some of the most common tests used in DWI arrests include:
- Roadside breathalyzer tests
- The Horizontal Gaze Nystagmus (HGN) test
- The Walk and Turn (WAT) test
- The One-leg Stand (OLS) test
- Official chemical tests (breath, blood or urine)
Were These Tests Administered Correctly?
There are very specific standards that must be followed when administering field sobriety tests and other DWI-related tests. For example, when administering one of the three standardized field sobriety test, a police officer must follow specific guidelines. Failing to administer a field sobriety test properly can lead to an inaccurate representation of a driver’s estimated level of intoxication.
Were There Problems With The Equipment Used For Chemical Testing?
Chemical tests are considered to be more objective and accurate in estimating a driver’s level of intoxication compared to field sobriety tests, but chemical tests are not perfect.
There are many factors that can affect the accuracy of a chemical test results including:
- improper equipment maintenance,
- equipment malfunctioning,
- a driver’s health conditions,
- medications and over-the-counter products.
It may be possible to fight your DWI arrest by challenging the accuracy of chemical test results.
3.) Challenging The Testimony Of The Arresting Officer
Another way to fight a DWI arrest in New York is by challenging the arresting officer’s testimony. Most DWI cases are largely based on the testimony of the arresting officer or officers.
An experienced DUI defense lawyer may cross examine the arresting officer and challenge his or her testimony based on discrepancies in the officer’s observations.
Finding Legal Help After A DWI Arrest In New York
The consequences of a DWI conviction in New York can be very serious. If you or a loved one are facing drunk driving charges then it is important to contact an experienced DWI defense lawyer to explore your legal options before simply pleading guilty.
You can contact the experienced legal team at DUI Legal NY today for a free consultation. We represent clients throughout the Greater New York Area from our offices in Westchester County, Queens and Long Island.