Being found guilty of a DWI charge will result in a permanent criminal record which will effect you for the rest of your life. This is the prime reason why calling a criminal defense lawyer immediately is essential.
The second reason is to provide you with a legal defense against the DWI charge and get the charges dropped or the case dismissed in court.
Potential defenses that a criminal defense attorney may use in a DWI case include:
1. Arrest And Charging Procedure
When you are pulled over on suspicion of a DWI or in a traffic stop, there are certain procedures that the police must follow in charging you with the crime and/or arresting you. If this procedure is not followed correctly, it can be a grounds for the charges to be dropped or the case to be dismissed in a court of law.
- An officer must prove that they had reasonable suspicion to stop you.
- They must inform you that you under arrest and read you the Miranda warning informing you of your rights.
2. Medical Conditions
Proof that you have a medical condition that is responsible for any actions that created the suspicion that you were intoxicated while driving are reasons for dismissal of a DWI charge.
3. Sobriety Tests
An officer may request that a driver submit to a roadside sobriety test, breathalyzer test and/or BAC (Blood Alcohol Concentration) test. You may refuse to take this test although it is not recommended due to Implied Consent Laws which could result in your licence being suspended. If the officer performs the test after you refuse, the testing was performed illegally and is therefore inadmissable.
BAC testing must be performed by a licenced technician and the integrity of the sample must be kept in tact. The driver must fail the BAC or breatalyzer test and the results must be proven to be reliable and accurate. For example, if a second blood test, within a specified period of time, by another technician or medical practitioner, differs from the original result, any of these reasons may be grounds for dismissal.
4. Preponderance Of Evidence
The state must prove beyond a reasonable doubt that you are guilty of the charges brought against you. If any of the evidence can be called into question, the case can be dismissed.
Call a Criminal Defense Law Firm When You’ve Been Charged With Drunk Driving
As you can see, a criminal defense lawyer has options depending on the evidence. The best thing to do is call an attorney who handles these types of cases immediately when you’ve been arrested and charged with drunk driving. The lawyers at Naiburg, Obedin and Weissman will go over all the facts with you and outline the strategies they’re going to use to try to win your drunk driving case.
Their office is located at 320 Carleton Avenue, Suite 4200 Central Islip, NY 11722. Call them today at (631) 979-7777.