Defense Strategies for DWAI and DWE

Among the complex web of traffic laws, there are two serious charges: Driving While Ability Impaired (DWAI) and Driving While Intoxicated (DWI). These offenses, often referred to under the blanket term Driving Under the Influence (DUI), demand a nuanced understanding of the legal landscape and a strategic approach to defense. This comprehensive guide will offer invaluable insight into these offenses, discuss different strategies of defense, and give guidance in how to navigate the legal process.

What Are DWAI and DWE?

Before getting into the different defense strategies, let’s understand what is meant by DWAI and DWI. DWAI stands for Driving While Ability Impaired, which is considered the lesser of the two offenses when compared to DWI. Both offenses are serious and can result in significant legal consequences.

DWAI means driving a vehicle when one’s ability is impaired by alcohol or drugs, but impairment in these cases occurs even when the driver’s BAC is below the legal limit for DWI. For example, in New York State, a person can be charged with DWAI BAC between 0.05% and 0.07%. This charge implies that a small amount of alcohol or drugs may impair a person’s ability to drive safely.

On the other hand, DWI charge applies mostly if a driver’s BAC level is 0.08% or higher and there is direct evidence that the driver may be greatly affected by alcohol or drugs. DWI, nonetheless, carries more severe legal punishments because it suggests higher intake of intoxication, resulting in more danger to the general public.

Both DWAI and DWI have serious consequences, which include fines, suspension or revocation of the license, and attendance in alcohol education programs, among others. The specific consequences are most often based on factors such as what the BAC level of the driver was, if it is the first offense or repetition, accident, or injury has occurred due to the impaired driving.

Top Defense Tactics for DWAI

It is always recommended that one holds strong defense in a case of DWAI charges. To win a case, the criminal defense attorneys employ a number of techniques to challenge the DWAI charges either for the dismissal or reduction of charges. Given below are some of the most efficient and traditionally employed defense methods in the cases of DWAI:

• Challenge the legality of the stop based on a lack of reasonable suspicion or probable cause.
• Question field sobriety test results based on possible inaccuracies due to physical condition or other reasons.
• Challenge the accuracy of the breathalyzer test with calibration records and officer training.
• Show the alternative explanations of impairment supported by appropriate evidence or witnesses.
• Investigate police procedure compliance to check for deviations that may lead to dismissal.
• Hire expert witnesses to speak about the validity and potential errors in testing methods.
• Negotiate plea bargains when evidence is strong to attempt a reduction in charges or penalties.

How to Defend Against DWE

A defense against a DWI charge, also known as DWE in some jurisdictions, requires a comprehensive and strategic approach. Generally, the charges of DWI are severe compared to DWAI due to higher blood alcohol content and serious legal consequences.

Driving while intoxicated defense tends to center on challenging the legality of the initial traffic stop since anything less would make the evidence inadmissible. The defense may also bristle at whether police had probable cause for the arrest, and may argue that indications of intoxication were based upon a medical condition or just mere fatigue.

DUI lawyers in Queens may contest the field sobriety tests if, for example, the external conditions of the test or physical limitation of the suspect impairs the test results. Many are eager to challenge the chemical test results on the basis of faulty calibration, testing procedures, and qualifications of the testers. “Rising BAC defense” is one that, with expert testimony, claims that while the BAC was below the limit at the time of driving, having risen by the time of the test.

DUI Long Island attorneys investigate procedural errors and procedural violations that may be used as the basis to exclude evidence. They also can challenge officer testimony, medical defenses, and examine the chain of custody for blood or urine tests.

When the evidence against a defendant is strong, plea bargaining for lesser charges or resorting to alternative sentencing is advisable. Also, quite common for a criminal defense attorney is to use expert testimony about alcohol effects and flaws in testing.

Challenging Field Sobriety Tests

Field Sobriety Tests (FSTs) are the tests usually used by police officers to establish probable cause for an arrest on grounds of DWAI or DWI. However, even FSTs are not 100% accurate, and there are several ways through which the validity and reliability of such tests can be attacked by a competent criminal defense attorney. Let’s take a look at them:

• Questioning Test Administration: FSTs must adhere to strict protocols. DUI defense lawyers review the video footage or police reports to detect any procedural errors.
• Operational conditions: The environment may also give rise to conditions like uneven surfaces or poor light that could affect the FST results. DUI attorneys in Queens will argue that these and not impairment factors have affected performance.
• Considering Physical Limitations: Multiple physical conditions, including injury and age, may affect the FST. Criminal defense attorneys may investigate medical history, from where one could infer various problems that may influence test results.
• Officer’s Qualifications Analysis : Not all police officers are actually properly trained in the administration of FSTs. The DUI lawyers in Queens can question the officer’s training and experience.
• Psychological Factors to Consider Stress associated with the stop, may also affect FST performance, and result in symptoms such as trembling.  DUI defense attorneys may argue that nervousness, and not impairment, caused the poor performance.
• Challenging HGN test: Conditions other than consumed alcohol can affect the HGN test. The scientific basis of the test and training of the officer may be challenged by the criminal defense attorneys.
• Subjective Nature of Test Questions: FSTs are subjective in nature and hence varied in interpretation. The DUI defense attorney may thus argue that the interpretations given were biased or too strict.
• Dismissing or Considering Alternative Explanations: Basically, the effect of fatigue or the type of footwear may affect performance on FST. DUI attorney Queens will consider all alternative explanations other than alcohol impairment.
• Video evidence analysis: The video footage can show discrepancies in what might have taken place at the test and what was written in the officer’s report. DUI defense attorneys use this footage to contest the administration of tests.
• Challenging Scientific Validity: The scientific validity of FSTs has been questioned. Criminal defense attorneys may use expert witnesses to highlight limitations and inaccuracies.
• Assessing the totality of the circumstances: FSTs must be considered in conjunction with all other factors relating to the stop. A defense attorney in a DUI case may attempt to make arguments from other factors that balance the results of the FSTs.
• Difficult FST Emphasis: The defense attorney will argue that FSTs should be just a piece of evidence and not the entire basis for determination of impairment

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Disputing Breathalyzer and Blood Tests

While field sobriety tests are often the first line of evidence in DWAI and DWI cases, chemical tests like breathalyzers and blood tests are usually regarded as more objective techniques for determining intoxication.

Breathalyzer tests remain one of the most common tests used at roadside stops to determine a driver’s BAC. However, several of these devices are prone to multiple errors and inaccuracies. Here are some ways a criminal defense attorney in Queens might challenge breathalyzer results:

• Calibration and Maintenance: Breathalyzers need periodic calibration and maintenance; lawyers review records for accuracy in this regard.
• Operator Error: Accuracy depends upon the competence of the officer; a defense attorney may challenge training and procedures.
• Environmental Factors: Interference or chemicals, for example, from outside may impact results.
• Timing of Test: Since alcohol takes time to absorb, the defense will argue that at the time of driving the BAC was lower than at the test.

While generally considered more accurate than breathalyzers, blood tests can also be challenged. Here are some strategies DUI defense attorneys might use:

• Chain of Custody: Blood samples should always be handled and stored well. Any break in the chain of custody might affect the integrity of the sample.
• Tests for Procedures: The blood samples must be tested on the basis of strict protocols; otherwise, the results obtained will not be valid.
• Fermentation: Fermentation might occur in a blood sample if the blood was not preserved correctly; such samples can give high, artificial readings for BAC.
• Margin of error: All tests have a margin of error. A DUI defense attorney may be able to argue that when factoring this margin, the true BAC could have been below the legal limit.
• Medical Conditions: Certain medical conditions like acid reflux, heart diseases, diabetes can affect blood alcohol levels or the accuracy of blood tests.

Using Expert Witnesses in Your Case

Expert testimony given in both DWAI and DWI cases offers specialized knowledge that can refute the evidence presented by the prosecution or, on the other hand, explain the defendant’s behavior. Most if not all, criminal defense attorneys utilize various types of experts to strengthen their cases.

These expert witnesses can be forensic toxicologists, accident reconstruction specialists, medical experts, and experts in police procedures. They may be used to challenge chemical test results through breathalyzer or blood tests, explain how physical or environmental factors affect field sobriety tests, provide insight into the absorption and elimination of alcohol relevant to “rising BAC” defenses. They can also review video evidence from dash cams or body cams for test administration or procedural problems with the traffic stop.

Plea Deals and Reducing Charges

Plea bargaining is effective in some cases of DWAI and DWI, especially for first-time offenders. The defendant and his attorney may negotiate with the prosecution to either dismiss or reduce the punishment by making the client agree to a plea bargain. While this is not a complete dismissal of the charge, plea bargains yield lighter sentences. Plea deals also avoid the uncertainty and stress associated with a trial and can lead to quicker disposition of the case.

Various factors are taken into consideration by the prosecutors while negotiating plea deals. If the evidence against the defendant is weak, a more favorable deal might be offered. The defendants without any criminal history are most likely to get better offers too. The severity of the offense, like very high BAC or involvement in accidents can affect the plea offer given, and more serious cases usually do not get very favorable terms. The details of local politics about plea bargaining of DWI cases may also be one of the influencing factors in the negotiations.

Finding the Right Defense Attorney

A DWAI or DWI case requires the choice of a proper defense attorney. Certainly, the outcome of the case will have long-lasting implications in your life, such as driving privileges, potential job opportunities, and personal freedom. Some of the issues to consider are:

• Experience: Hire an attorney who has experience in both DWAI and DWI cases, as most of these cases are scientifically and legally complicated, so expertise in the field becomes rather essential.
• Local Knowledge: A lawyer which has local knowledge about the courts, prosecutors, and judges will often be an advantage. They may have insight with regard to local practices and tendencies that will help in formulating your defense strategy.
• Track Record: Past successes are no guarantee of future successes, but they give,, a good indication of an attorney’s capability of defending similar cases.
• Communication Skills: Understand the process that your attorney is explaining and how it pertains to your case. You should feel comfortable asking questions and discussing your case.
• Resources: Most DWI defenses require expert testimony and complex evidence analysis. Make sure that the resources are available to your attorney so they can offer a formidable defense.
• Personal Attention: Large firms often refer cases to junior attorneys or paralegals. It is best to ensure that the attorney hired will personally handle the case.
• Reputation: It is important to keep in mind the DUI defense attorneys position in the legal community. Check for peer reviews and any testimonials left by previous clients.
• Fee Structure: Ask how the attorney is going to charge for their legal services. While this alone should not be the sole determinant, it is important to understand what kind of financial commitment you may be taking on.

Conclusion

Facing DWAI and DWI charges can be a frightening experience, but with the right kind of defense strategy and an effective DUI defense attorney, it is possible to achieve successful results. Possible ways of defense in such cases may include, challenging the initial traffic stop, disputing chemical test results, and negotiation of plea deals.

If you are stressed about being convicted of DWAI or DWI in the Long Island area, then it is advisable to consult with the Law Office of Steven S. Siegel PLLC, in Uniondale, NY. With decades of experience in defending DWI and DUI, our law firm gives you the assistance that you require when protecting your own rights and earning you the best result for your case. Contact us today for a confidential consultation!

FAQs

What are the primary defense strategies for DWAI and DWI charges in New York?

Defense strategies for DWAI (Driving While Ability Impaired) and DWI (Driving While Intoxicated) in New York often include the legality of the stop, questioning the outcomes of breathalyzers, and providing alternative explanations for the signs of impairment. Hiring a skilled defense attorney can help deal with these charges effectively.

How can a defense attorney help with a DWI case?

A DUI defense attorney will review the evidence that can be used against you, find weaknesses in the prosecution’s case, and develop a unique defense strategy. They can negotiate plea bargains and represent you in court to minimize your penalties or possibly get charges dismissed.

What should I do immediately after being charged with a DWI or DWAI?

If you are being accused of either DWI or DWAI, the best thing you can do is to contact a criminal defense attorney right away to ensure that your rights will be protected from the very beginning. And the sooner that occurs, the better it ensures that your lawyer can initiate the process of preserving evidence like video recordings of your stop and witnesses that may prove integral to your defense. They also help you understand what happened with the process in court, support you through court appearances, and guide you in the right direction according to your situation.

What are the consequences of a DWI conviction in New York?

Punishment for a conviction of DWI in New York may include, but is not limited to, imprisonment, heavy fines, and enrollment in alcohol education courses, in addition to suspension or revocation of your license to drive. Any one of these outcomes can have long-term impacts both professionally and personally. A strong DUI defense attorney at the early stage in the process may be able to mitigate the severity of those punishments, work out alternative sentencing, or even challenge the legality of the charges so the client will not be convicted.

How can DUI defense lawyers challenge breathalyzer results?

DUI defense lawyers may be able to question a breathalyzer test result by the nature of its calibration and maintenance, whether the officer who administered it was qualified to do so, and whether the test was taken under proper conditions. Any irregularities found in the results may lead to dismissing the evidence.

What role do witness testimonies play in a DWI defense?

Witness testimony can be crucial in your DWI defense by offering insight into your behavior and condition before the stop. These testimonies could contradict any police assertions of impairment by showing evidence of your alertness, motor skills, or even your speech to discredit the evidence brought against you. These testimonies can be effectively collected and presented in the court by a skilled DUI lawyer in Queens. A good attorney will use these testimonies in order to raise reasonable doubt as to the prosecution’s case and add to your benefit.