In the last ten years, drunk driving laws in the state of New York have become increasingly strict. So getting arrested for a DUI/DWI in New York is certainly a cause for concern. But it is by no means a cause for despair. Securing an experienced and aggressive DUI lawyer who knows how to navigate your case and defend your rights will give you the comfort that someone with expertise and who has already gone through the process is taking care of your problems, so you won’t have to worry about them. There are many potential defenses against a DWI charge such as non-compliance with proper testing procedures, use of faulty testing equipment, and the fact that the defendant was not impaired by intoxication. In planning an effective drunk-driving strategy the following key factors will help you carefully consider ways to beat a Drunk Driving Charge for a DUI or DWI in New York.
- The initial traffic stop is illegal.
The police officer who pulled you over must have a valid reason to stop you in the first place. He must have reasonable cause to suspect that you were under the influence of alcohol.
- No probable cause to arrest.
Even when a traffic stop is legal, the defense can still challenge the validity of the arrest in the absence of specific facts to justify a DUI arrest.
- Illegal search.
Identical to the Fourth Amendment to the U.S. Constitution, section 12 of Article 1 of the New York Constitution proscribes all “unreasonable searches and seizures”. Evidence gathered during an illegal search without the driver’s prior consent can be suppressed during a DUI trial. Police must obtain the consent of the driver unless there exists probable cause or reasonable suspicion that a motor traffic violation has occurred.
- Bad weather.
Poor and inclement weather conditions can affect the results of Field sobriety tests and you may argue to have the results of those tests thrown out.
- Anonymous report of drunk driving.
In the absence of corroborative evidence, the police cannot pull you over merely because somebody sent an anonymous report of drunk driving.
- Use of Non-Standardized Field Sobriety Tests (SFST).
Touching your finger to the nose or reciting the alphabet and counting numbers backward are not standardized field sobriety tests and can be suppressed if they were to be led as evidence at trial.
- Even standardized field sobriety tests can be inaccurate.
Results of standardized field sobriety tests such as the one leg stand and walk and turn tests are not 100% accurate to determine whether you are under the influence of alcohol. These results can be influenced by old age, personal injuries, obesity, diabetes, and other medical conditions.
- Improper administration of field sobriety tests.
Unless the officer administers field sobriety tests in accordance with the established protocols, the reliability of test results can be heavily compromised.
- Health and medical conditions that mimic intoxication.
Medical conditions such as diabetes, physical conditions such as red eyes, and injuries to arms, legs, and neck can be mistaken as symptoms of impairment due to intoxication and may raise a reasonable doubt in the prosecution case.
- False or contradicting observations.
If police officers called as witnesses give contradictory evidence at the trial, the observations made in their notes can be marked as contradictions.
- Attacking the evidentiary value of Portable Breath testing devices.
Most states including New York prohibit using portable breath testing results as evidence at trial in DUI cases.
- Malfunctioning Breathalyzer machine.
Breathalyzer machines can sometimes malfunction. If the defense can show the Breathalyzer had recently been taken for repair close to the time before or after the breath sample was taken, the accuracy and reliability of test results can be challenged.
- Non-compliance with breath machine protocols.
Preliminary breath tests are performed as part of the pre-arrest screening process to determine alcohol impairment. The police officers’ failure to follow established steps and procedures in administering breath tests can render test results inadmissible at trial.
- Failure to comply with the minimum period of observation.
If a driver is not observed for at least 20 minutes immediately before subjecting him to a breath test, the results of the breath test become inadmissible.
- Failure to Mirandize.
Statements and admissions made to police during the arrest and investigation cannot be led as evidence unless the driver was informed of Miranda rights prior to being interrogated by police.
- Conflicting Mobile Video evidence and police testimonies.
Where video footage at the time of arrest and those recorded inside the police station shows clear speech and balance, and are contradictory to the findings of SFTS as reported in police reports, the contradictions can be used to attack the credibility of the police testimonies.
- Breath Test operator not qualified.
Breath tests must be performed by an individual properly trained and certified to operate a Breathalyzer machine.
- Breath Test operator certification deficiencies.
If the operator who performed the breath test had his license expired at the time of performing the test, the test results are inadmissible.
- Failure to read implied consent warnings.
Failure to read the implied consent warning in a language that the driver understands can lead to the dismissal of the DUI charges.
- Failure to provide discovery.
The prosecution must produce all discoveries in its possession such as the Breathalyzer machine used to test the defendant’s BAC, the failure of which may result in dismissal of the charges.
Any one of the above issues may provide a strong basis for a motion to dismiss a DUI case or successfully suppress the evidence to be led at the trial. Since preparing an effective DUI defense requires thorough knowledge of the investigation and prosecution of drunk-driving charges, it is imperative that you hire a DUI lawyer who knows field sobriety tests and Breathalyzer testing protocols better than the prosecutor handling your case.
If you or someone you know has been charged with a DUI/DWI contact DWI Lawyer Albany right away. Our experienced DWI lawyers will evaluate your case to help you mitigate or get your charges dropped entirely. DWI Lawyer Albany is well known across New York State for protecting the wrongfully accused and helping those facing DWI, DUI, and Drunk Driving charges. DWI Lawyer Albany has successfully defended the rights of thousands of individuals. Contact us 24×7 at 518-608-2499 for a free consultation.
