In New York, DUI is a serious crime. Getting arrested for a DUI case can be a nightmare if you do not deal with it immediately. Here are the best 10 ways to beat a DUI case in New York.
- Contesting breath test results and procedures.
Don’t plead guilty just to get it over with your DUI case. In drunk driving cases just like in any other criminal matter, you’re presumed innocent until proven guilty. Breathalyzer test results, which are the main piece of evidence against you are not 100% accurate. Even if you failed the test, do not assume you’d get a DUI conviction. There are ways to poke holes in the evidence of breath test results including the time elapsed before you were subjected to the test, calibration and the quality of the Breathalyzer machine used, and a number of other technical factors.
- Fighting an illegal stop.
Remember the devil is in the details. Once you are pulled over for a traffic violation, the police must be able to show they had probable cause to stop you initially. The Fourth Amendment to the United States Constitution protects all individuals from unreasonable searches and seizures. An experienced DUI attorney will be able to hack the DUI arrest details to craft a strong defense that can work in your favor. If the officer did not have a reasonable suspicion to believe a traffic violation has occurred, stopping is illegal.
- Disputing observations made by police.
A skilled DUI attorney will carefully examine the observations made by police including odor, watery eyes, slurred speech, and lack of control of movement as evidence of impairment, and contend that these symptoms were due to lack of sleep, illness, or other health condition.
- Failure to Mirandize and attacking the validity of the driver’s statement to the police.
After you’ve been pulled over, you’ll be asked by police whether you had a few drinks before you drove. Your answers to this question can be led in court as evidence against you. However, the landmark decision in Miranda v Arizona 384 U.S. 436 (1966) U.S Supreme Court ruled that a person’s statement to police cannot be admissible as evidence in court unless he was advised of his right against self-incrimination prior to being interrogated. At the trial stage, a driver’s admission to police after getting arrested for a DUI can be challenged on the failure to inform Miranda rights.
- Attacking the field sobriety tests.
Horizontal Gaze Nystagmus, Walk and Turn, One Leg Stand, and Finger to Nose Test are some of the methods used by police officers to determine the sobriety of drivers. A DUI attorney will carefully review the details of the police report containing FST results to look for ways to challenge the report’s findings.
- Implied consent and questioning the chemical test procedures.
Chemical tests such as breath, blood, and urine tests are performed in order to determine blood alcohol levels. The New York implied consent law states that drivers automatically consent to chemical tests where there exists probable cause to arrest for a DUI. But prior to subjecting a driver to a test, police officers must give the driver implied consent warnings.
- Negotiate your charge with the prosecutor.
A qualified DUI attorney will review your DUI case in order to test the strength of the prosecution’s case. Where the prosecution’s case is weak, the attorney will convince the prosecutor to dismiss or reduce your charge to a lesser charge.
- You have a right to a speedy trial.
Under Sixth Amendment to U.S. Constitution, every person charged with a crime has the right to a speedy trial. Under CPL s.30.30 (1) (e) when a DWAI is charged with a misdemeanor DWI speedy trial time is 90 days. S.30.30 (1) (a) DWAI charged with a felony DWI has a speedy trial time of 6 months. When the trial does not begin within the speedy trial time, you have the right to get your DUI charges dropped.
- Attacking an anonymous report of DUI.
Where there is no independent evidence to corroborate an anonymous report of drunk driving, a motion to suppress evidence can be filed to that effect.
- Attacking the blood test procedures.
A blood test is said to be the most accurate test to measure BAC levels. However, even a blood test can be challenged on the basis that the individual who administered the test did not possess proper qualifications, did not follow proper procedures, or on basis of a break in the chain of custody.
If you’re facing a DUI charge hiring a skilled attorney is a must. DWI Lawyer Albany [dwilawyeralbany.com] is well known across New York State for protecting the wrongfully accused and helping those facing DWI, DUI, and Drunk Driving charges. Our legal team at DWI Lawyer Albany knows how to navigate ins and outs of New York DUI laws to successfully mount effective defenses against charges brought against you. Contact us 24×7 at 518-608-2499 for a free consultation.
