Being charged with a drunken driving offense in Suffolk County, NY can be a stressful experience, particularly when it seems that the evidence is stacked against you.
Moreover, the legal procedures that follow a DWI arrest can be highly confusing and the consequences of a conviction can be severe, as it could mean loss of your driver’s license, public embarrassment. and jail time.
If you are accused of a DWI, you need to remember that you have rights and the law must presume you are innocent until proven guilty. To help protect your rights, it is recommended that you hire a criminal defense attorney experienced in winning DWI cases to build a strong defense case. This article will provide information on the potential defense strategies used in a DWI case.
Defense Strategies Used By a Criminal Defense Attorney To Beat a Drunk Driving Charge
1. No Probable Cause
The first of the potential criminal lawyer defense strategies in a DWI case is the issue of no probable cause. For a police officer to check an individual for drunk driving, they need to have probable cause such as responding to the scene of an accident or witnessing a driver violating traffic laws. The probable cause must be documented in the police report; however, if there is no cause or the police officer cannot provide a cause, there is no legal basis for the DWI claim.
2. The Driver Passed The Sobriety Test
Contrary to popular belief, the field sobriety test is not set in practice, and police officers do not always evaluate the results of the tests accurately. In fact, it is not uncommon for the person’s behavior or inability to perform certain tasks to be misinterpreted as a sign of drunkenness. Experienced criminal attorneys can use these elements and point out that this may have been the situation, particularly if the individual has specific medical conditions that make it difficult to perform certain physical movements.
3. The Officer Did Not Have Permission To Test
When a police officer asks a driver to complete a blood test or breathalyzer test, the individual has the right to refuse and prevent the test from occurring; however, refusal can violate implied consent regulations. However, if the office refuses to comply with the driver’s refusal and performs the test this can be viewed as a violation of the driver’s rights. As a violation of rights, it may be possible to have the results withdrawn, and the case was thrown out of court.
Final Words
As can be seen, there are various techniques that can be used to defend a person when facing a DWI case in Suffolk County. Above are the most common options, but by hiring a professional lawyer, you can discover many others.
If you’ve been arrested for drunk driving give the Central Islip law office of Naiburg, Obedin and Weissman a call. We will protect your rights and possibly help you beat your DWI charges.