If you’ve been charged with a DUI, you’re innocent until prosecutors establish your guilt beyond a reasonable doubt.
This ultimate guide provides an overview of the best DUI defense strategies that are distilled from fighting thousands of DUI cases. Two main potential defenses target who was in actual physical control of a vehicle and whether that person’s ability to drive was impaired because of being under the influence.
In drunk-driving cases the prosecution must prove that the person charged was operating the vehicle under the influence. If there is any confusion as to who was driving, you will have a strong defense that you were not driving the vehicle. A drunk driving charge can also get dismissed if you were not driving your vehicle on a public highway. A public highway includes parking lots with more than 4 spaces.
Drunk driving cases in New York are often won on technicalities. These are procedural errors and mistakes police officers make during DUI arrests. An experienced DWI lawyer will know how to make these mistakes work for you. Circumstances surrounding DUI arrests can be used to suppress evidence presented against you leading to the dismissal of charges. The first point of consideration is whether the initial traffic stop is supported by a reasonable suspicion that a traffic violation has occurred. Before taking a breath sample for a Breathalyzer test, the police officer must have probable cause to believe that driver is under intoxication. This is because the Fourth Amendment protects all individuals including motorists from unreasonable searches and seizures. Therefore the prosecution has the burden to prove that all evidence collected was obtained lawfully. If the police officer did not have reasonable suspicion or probable cause to request a chemical or breath test or arrest you, charges against you may get dropped and the case will be dismissed. Breath test results are the main piece of evidence the prosecution can use against you in court. A skillful DUI lawyer will carefully examine every piece of evidence such as inconsistencies in police testimonies, their observations, and the accuracy of the procedure used in taking chemical tests or field sobriety tests to establish that you were not impaired in your ability to drive. Studies show field sobriety tests performed on disabled, obese, and elderly are barely 60-70% accurate. And there are many reasons why breath tests can fail. They are not always foolproof. In the event, that a Breathalyzer machine was defective, malfunctioning, or administered improperly, the Breathalyzer test results render unreliable and charges against you could be dismissed. An experienced DUI lawyer can attack the effectiveness, accuracy, and reliability of these tests to build a good case for you in court.
Being charged with a drunk driving offense will automatically have your license suspended. And an administrative hearing will be necessary to get your driving privileges back.
Contact an experienced DWI Lawyer Albany defense lawyer.
If you’ve been charged with a DWI, you will likely need the assistance of an aggressive DUI attorney to build a strong case in court. And fighting a drunk driving charge in New York requires both legal expertise and scientific knowledge. This is where DWI Lawyer Albany has the edge. Whether you are over the BAC legal limit or not, we will review your case to spot any legal flaws and errors to craft a thorough defense specific to your case. Our legal team is highly experienced in representing thousands of individuals charged with drunk driving and has spent years successfully defending their rights. We are standing by you to help you mount strategic defenses for your DUI cases 24/7 every single day of the year. Contact us at 518-608-2499 for a free consultation.
