Drinking and driving is a major safety problem that’s present across the states. While all states have laws regarding driving under the influence, the details of these laws and limits vary greatly. States such as New York don’t use the term DUI (Driving Under the Influence) but rather DWI (Driving While Intoxicated) and DWAI (Driving While Ability Impaired) in order to categorize drivers’ impairment levels.
Being charged with a DWI in the New York state means that the driver’s blood alcohol content (BAC) was 0.08% or above at the time of the arrest. For underage drivers, the legal limit is 0.02%, while commercial drivers can face DWI charges if their BAC is 0.04%. Whether the driver is operating a vehicle under the influence of alcohol or drugs, they can face severe DWI charges in New York state. In this article, we’re going to look at different defense approaches attorneys can take when fighting DWI charges in New York.
Problems with chemical and field sobriety tests
Challenging the accuracy, reliability, and validity of the tests performed on drivers is a common defense strategy among New York DWI attorneys. According to an experienced DWI lawyer Syracuse NY, by operating the vehicle using public roads, the drivers are consenting to taking chemical tests. Of course, a driver may refuse a chemical test, but risking a license suspension, a hefty fine, and potential jail time is not worth it.
One way to fight a DWI charge challenging the accuracy of these tests. From identifying issues with breathalyzers to detecting standard protocol deviations to improper administration of field sobriety tests, challenging these tests can be an effective method of weakening a criminal case and boosting client’s chances of a favorable outcome.
Arguing that there was no probable cause for arrest
In New York state, a police officer has the right to conduct a DWI stop if they have a reason to believe that a driver has committed or was planning to commit a crime. For instance, the police may have noticed them driving erratically by swerving, not obeying the minimum speed limit, etc.
That being said, if the DWI stop was not appropriate and there was no probable cause, the lawyer can use that to fight the DWI charge. In that case, the DWI charge is considered flawed, and any evidence the police officer has against the driver (if obtained) will be regarded as inadmissible.
The “No Driving Defense”
A simple yet effective way to defend a client against a DWI charge is by arguing that they had no intention of moving the motor vehicle. In order to be charged with drunk driving, a person must be driving or operating the vehicle first.
If the law enforcement officer does not have proof of the individual actually driving a vehicle while intoxicated, their lawyer may argue that they were not intending to move the vehicle at all. This is the so-called No Driving Defense. They may argue that the individual was simply inside the vehicle using air conditioning or listening to music. In that case, the vehicle was not moving, and since the police officer hasn’t witnessed the person actually operating a vehicle, this can result in the dismissal of the charge.
Using existing medical conditions as a reason for appearing intoxicated
Sometimes, a police officer who’s conducting a DWI stop can mistake the symptoms of a medical condition for signs of intoxication. For instance, certain neurological disorders as well as medical conditions such as diabetes may lead to a person displaying symptoms that might make them seem intoxicated when they, in fact, aren’t.
Whether we’re talking about sudden movements that appear suspicious or slurred speech that is typically associated with drunkenness, there are certain symptoms that can lead a law enforcement officer to conduct a DWI arrest by mistake. Not to mention, taking particular medications can affect blood alcohol levels. This can interfere with the results of a breathalyzer, which could lead to a mistaken DWI arrest. All these are examples of how a DWI attorney can rely on existing medical conditions to justify the appearance of intoxication, thus successfully fighting DWI charges.
A solid defense as key to ensuring the most favorable legal outcomes
There are various ways attorneys can attack a DWI charge and ensure a favorable outcome for their clients. Of course, an individual’s safest bet for avoiding DWI charges is to not drink and drive. Still, it helps to know that in case one does face a DWI charge in New York state, they can rely on a reputable attorney to help them protect their future and ensure they get the legal support they need to move on from this charge.