Being charged with a DWI in New York can be a very frightening and extremely stressful experience. Fines are too expensive and penalties are very serious, and can sometimes even be debilitating and humiliating. Any guilty conviction will show up on a background check performed on you. Though it can be a harrowing experience, with the right legal assistance you can successfully defend your rights and maintain your innocence in court. Merely because you got arrested for a DWI, you shouldn’t plead guilty to a criminal charge that will stay permanently on your records. So what should you do after a DUI arrest in New York to fight off charges brought against you? How can you get charges dismissed? The first goal is to seek a dismissal of your case before trial. Failing that, our second goal is to lower penalties and minimize the harsh consequences a conviction can bring. There is no magic bullet for beating a DWI charge. The best way to fight a drunk driving charge in NY can be found by analyzing circumstances surrounding arrests and observations made in police reports. If you are facing a first DUI, you’ll even have a better chance of getting your charges dropped than a second offender. An experienced DUI attorney will evaluate your case and conduct an arrest review to uncover case-winning legal technicalities and arrest-specific defenses that could get your case dismissed without proceeding to trial. Then a motion can be filed to the court for an opportunity to be heard on these technical flaws and jurisdictional issues to dismiss the charges. Many drunk driving charges are thrown out after a probable cause hearing. If the judge decides there was no legal reason to stop you in the first place, all the evidence including field sobriety tests and chemical test readings can be suppressed from being led and the case gets thrown out.
This information can be also useful on your first court date at NYS administrative license hearing to avoid a suspension and revocation of your driver’s license. However, you will only have a very short amount of time after your arrest to appear in your license review hearing. After a DWI arrest, a person will be brought before a judge within 24 hours from the time of the arrest in order to be arraigned in court. Therefore it is crucial to secure a DWI defense lawyer with a successful track record to represent you on your first court date to take steps to be eligible for conditional licensing.
What if I failed the breath test or chemical test?
If you got pulled over for a traffic violation, you will be asked to blow into a Breathalyzer to register your BAC levels. Then you will be requested to undergo a field sobriety test. If you failed the breath test, you think a conviction is inevitable. However, it is not the case. A skillful attorney will be able to pinpoint false observations by police, faults in the testing procedures, or defects in equipment used for measuring BAC to challenge BAC reading obtained by police. It is also important to keep in mind that you can always request legal counsel during the arrest before you submit to a breath test or chemical test. However, a refusal to supply a breath sample can get your license revoked for at least a year.
We have helped thousands of individuals fight and beat their DWI charges and we want to help you as well. 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. DWI Lawyer Albany has a successful track record of defending the rights of thousands of drivers. Contact us 24×7 at 518-608-2499 for a free consultation.
