A skilled lawyer will be able to build the best possible case for you. DWI arrests can occur at traffic stops, sobriety checkpoints or as the result of a traffic accident.
A DUI conviction can lead to fines, jail time and license suspension. It’s important to find an experienced New York criminal defense attorney who specializes in DUI defense.
Defending a DUI / DWI with Injury Case
In the case of DUI / DWI with injury, an experienced New York defense lawyer can significantly improve your chances of saving your driver’s license, avoiding having an Ignition Interlock installed or even getting the charges dismissed. It is extremely important to consult with an attorney right away after your arrest and not wait to get the process started.
If you are arrested for drunk driving after a traffic accident that causes injuries or fatalities, the penalties will be much more severe than those for a standard DUI case. You could be charged with a felony offense such as second degree manslaughter, which is defined as acting with recklessness that shows a disregard for human life.
Our firm has the expertise to challenge all of the State’s evidence in this type of case. This includes challenging the accuracy of standard field sobriety tests such as the one leg stand and horizontal gaze nystagmus (HGN) test.
Defending a DUI / DWI Case Resulting from a Traffic Stop
Getting charged with DUI / DWI can be devastating. It results in a criminal record, a revocation of the driver’s license, and significant costs. In many states, it also requires installation of an Ignition Interlock device. Whether you were stopped at a sobriety checkpoint, at the scene of a traffic accident, or pulled over because of erratic driving, an experienced DUI defense attorney may be able to help.
A Savannah drunk driving defense lawyer can challenge the police officer’s reason for pulling you over, he or she can question evidence such as the odor of alcohol, red eyes, slurred speech, and unsteady gait, and he or she can review the calibration and administration of any breathalyzer test or blood or urine test.
Depending on the circumstances, a drunk driving case involving injury can be charged as a felony or a misdemeanor. A skilled defense attorney can sometimes get a felony charge reduced to a misdemeanor through a plea bargain.
Defending a DUI / DWI Case Resulting from a Traffic Accident
A DUI carries significant legal consequences, including fines, jail time and a suspension of your driver’s license. If you are arrested for driving under the influence, your first call should be to a lawyer who can advise you of your rights and build an effective defense strategy.
An experienced drunk driving attorney can help you to challenge the evidence gathered by the police, such as arguing that erratic movement patterns on the road – such as swerving or gliding – do not necessarily indicate intoxication. A NYC DUI lawyer can also challenge the accuracy of tests such as the one leg stand, in which suspects are asked to stand on one foot and hop or use their arms to balance for several seconds.
DUIs are usually charged as misdemeanors, although felony charges may be filed in certain circumstances – for example, when injury or death occurs to the suspect or another person. An experienced New York drunk driving defense lawyer can evaluate your case to determine whether it could be prosecuted as a felony or if it would be best to try it as a misdemeanor.
Defending a DUI / DWI Case Resulting from a Refusal to Submit to Testing
Many people who are charged with DUI and whose license has been revoked because of their refusal to submit to breath or blood testing may think that there is no way for them to win their case. However, a skilled DUI lawyer can use numerous pre-trial motions to challenge evidence and statements in the case. In addition, an attorney can use forensic expert testimony and other resources to make a strong defense.
For example, an expert can testify that a person’s body temperature can affect their breath and blood alcohol results and that the weather on the day of the incident can explain erratic driving or poor performance on Standardized Field Sobriety Tests. A good defense also examines if the police officer had valid reasons to pull over the driver and whether they followed proper procedures for administering the field sobriety tests. Moreover, an experienced DUI attorney can challenge the results of chemical test evidence by showing that there are errors with the administration of the test or its equipment.
DUI/DWI Education and Rehabilitation Programs
Participating in DUI/DWI education and rehabilitation programs can significantly influence the outcome of a case. Courts often view enrollment in these programs as a positive step, showing the defendant’s commitment to personal improvement and societal safety. These programs aim to educate individuals about the risks and consequences of impaired driving, promoting behavioral changes to prevent future offenses. Successfully completing such programs can lead to reduced penalties and may even be a condition of a plea bargain. Defense attorneys should explore these options early in the case to leverage them in negotiations, potentially securing more favorable terms for their clients by demonstrating proactive responsibility and a genuine effort towards rehabilitation.
Statutory and Case Law Analysis in DUI/DWI Defense
A comprehensive analysis of statutory and case law is crucial in formulating an effective DUI/DWI defense strategy. Understanding the nuances of state-specific DUI/DWI statutes, as well as relevant case law precedents, can provide a strong foundation for challenging the prosecution’s case. Defense attorneys must be adept at identifying legal precedents that could influence the interpretation of laws in their client’s favor, potentially leading to the suppression of evidence or even dismissal of crime charges. This approach requires a deep dive into past rulings and legal interpretations, allowing for the construction of a defense that not only addresses the current charges but also leverages historical legal contexts to bolster the defendant’s position.
