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Common legal defenses for DWI charges

A DWI or DWAI conviction can lead to severe penalties that disrupt your life. You could face fees, a  license suspension and even jail time.

If you are dealing with a DWI charge in New York, you have the right to defend yourself and fight for a fair outcome to your case.

Illegitimate traffic stops

Law enforcement must follow established procedures when they pull over a driver. First, there must be a legitimate reason to initiate the traffic stop. Furthermore, the officer must have probable cause to start a DWI investigation. In addition, police must adhere to the law when they place someone under arrest. If law enforcement failed to administer your Miranda rights or attempted to prevent you from contacting an attorney, you can use this to strengthen your defense. Finally, if there is no evidence that you were operating the motor vehicle, the court should not find you guilty of a DWI.

Errors in alcohol testing

Many DWI cases use evidence obtained via alcohol testing. However, all forms of alcohol testing are subject to errors. Roadside testing, including field sobriety tests and portable breath tests, can be unreliable. Officers should have appropriate training and should calibrate and maintain their equipment properly. Chemical tests may not be valid if technicians administer procedures incorrectly or store samples inappropriately. Additionally, certain health conditions and medications can reduce the accuracy of various forms of testing. Medical conditions and age can also interfere with many field sobriety tests.

There are multiple defense strategies that can help you obtain a just outcome if you are a defendant in a DWI case in New York.