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Driving While Intoxicated, or DWI, is a serious offense in Long Island and elsewhere in New York. More than a mere infraction like traffic tickets, DWI is a crime that can land a driver behind bars in addition to massive court costs and fines, driving points, loss of a driver license, and hikes in auto insurance. However, not all drivers fully understand the specifics of a DWI charge.
Knowing what a DWI is can help you and your attorney develop a legal strategy to defend your rights and seek the best outcome. If you were charged with a DWI or similar offense in New York, connect with Michael A. Arbeit, P.C.
What Exactly is a DWI in New York?
Driving while intoxicated can result in a driver being charged with one of two different offenses, both of which carry serious legal penalties. They are:
- Driving While Intoxicated (DWI): This is charged if the driver has a .08 Blood Alcohol Content (BAC) or higher (.04 BAC for commercial drivers) or shows other evidence of intoxication.
- Aggravated Driving While Intoxicated (Aggravated DWI): This is charged if the driver has a BAC of .18 or higher.
Convictions, even for first-time offenders, can lead to fines, jail, and other punishments. If you’ve been charged with a DWI, it is important that you speak with a Long Island criminal defense attorney right away.
How to Defend Against DWI Charges
Your DWI defense lawyer will work to develop one or more of the following seven common defenses, depending on the unique circumstances of your case:
- Challenging the traffic stop: Law enforcement officers cannot simply pull over drivers and make them take a breathalyzer test or ask them to perform field sobriety tests. They must have reasonable suspicion of a crime (for instance, because a driver is swerving in and out of lanes) to pull over the driver.
- Challenging the breathalyzer test: Breathalyzer tests may seem too objective to question, but the machines that administer them are not foolproof. Calibration errors, poor maintenance, and problems administering the test can all yield unreliable results.
- Challenging the field sobriety tests: If the driver agrees to take one of three common field sobriety tests, the way in which the tests are administered can be called into question. The instructions may be unclear, the environment may not be suitable, and the driver’s health condition could affect the test results.
- Challenging the officer’s testimony: The law enforcement officer’s testimony about the traffic stop is a key piece of the prosecution’s case. The driver’s attorney may be able to challenge that testimony, question the procedures the officer used, or contradict the officer’s version of events.
- Driver’s medical problems: Some medical conditions like neurological disorders can make it appear as though the driver were intoxicated. This can lead the law enforcement officer to mistakenly arrest the driver, but it may also open the door to a potential defense.
- Unreliable or inadmissible evidence: The prosecution has the burden of proof in a Long Island criminal case involving DWI. If the prosecution’s evidence is unreliable or inadmissible under the rules of evidence or for other reasons, the driver’s attorney can object to it being used in court.
- Miranda rights issues: Police are required to read a suspect their Miranda rights once the suspect is arrested and subjected to interrogation. This means that statements the suspect made about being intoxicated without a required Miranda warning can be suppressed and kept out of court.
Protecting Your Rights After a DWI Charge
If you or a loved one have been charged with a DWI in Long Island or elsewhere in New York, the first step to making a defense is to take quick action. Speak with Michael A. Arbeit, P.C. to get started. You can call or contact us online today.