DWI (Driving While Intoxicated) in Suffolk County, Long Island can be confusing. These are taken seriously by the law, and if you end up being convicted it can have dire consequences.
DWI charges are expensive, up to license suspension or jail time constant with the severity of available DWI punishments in New Jersey. However, you must acknowledge that being charged does not directly prove your guilt. Although there are numerous methods to defeat DWI charges, it is vital to know the legal process and how you can pay its outcomes with a Suffolk County DWI lawyer.
In this guide, we will cover the ways a Suffolk County DWI attorney may use to fight back against these charges, what you can do legally, and what happens when faced with such allegations.
Basic Understanding of DWI Laws in Suffolk County
DWI Charges In New York, In the state of NY, an individual facing DWI charges has been arrested for violating blood alcohol concentration levels and other mechanisms. The legal levels are the following :
DWI (Driving While Intoxicated) a 0.08% BAC for drivers aged 21 or older;
DWAI (Driving While Ability Impaired): A BAC of at least between 0.05% and 0.07%, but less than 08%.
How to Get the Aid of a DWI Lawyer in Suffolk County for Contesting Charges
People make mistakes an experienced DWI attorney in Suffolk County knows how to investigate the facts of your case and uncover any weaknesses within the prosecution. The following are some of the most common defenses used by Long Island DWI trial attorneys when representing clients charged with a DWI:
Questioning the Traffic Stop
The first defensive line is often an attack on the constitutionality of the traffic stop. Remember, the police have to be able to justify stopping you under reasonable suspicion (or probable cause). Commonly, such signals might be erratic driving or a moving violation of some sort (like speeding), while other indicators could include impairment visible to the naked eye.
If your Suffolk DWI lawyer can show that the officer did not have a valid basis for stopping your vehicle, anything found during or after this point in time (like what was gathered from a breathalyzer test or field sobriety tests) may be deemed to be the fruit of the poisonous tree and will therefore likely end up being dismissed. In its absence, the case against her could be severely compromised.
Contesting the Breathalyzer Test Results
Breathalyzer machines are the most common way to measure a driver’s BAC, but they are not failsafe. The accuracy of these devices can be affected by multiple things, and a Suffolk County DWI lawyer will determine whether the breathalyzer was in good working order.
If, however, records show that the machine used during your stop had not been properly maintained or it was out of calibration this could mean that the results of a breath test may be invalidated if they were taken from such a defective device and thus not admissible in court.
Other factors such as acid reflux, diabetes, or even current use of mouthwash can also trigger a breathalyzer test to provide clinically incorrect results. If you consumed no alcohol, your attorney can present evidence to that effect and further show that the BAC reading was based upon these other factors.
How Field Sobriety Tests are Administered
This is the test officers commonly use as field sobriety tests, like walking a straight line or standing on one leg. It should be noted that these tests are generally unreliable and can be influenced by countless phenomena not related to the consumption of alcohol.
For instance, those who have physical disabilities or issues with balance might demonstrate poorer performance in these evaluations than sober suspects (even though they are not currently intoxicated). In addition, if the conditions in which the tests were done — overcast or rainy weather, rough pavement — are not ideal for collecting reliable performance data.
Suffolk County New York DWI attorneys will inquire into the circumstances of these field sobriety tests, including whether they were conducted improperly or in an unfair manner.
The Arrest Looking into the arrest process
Even with a valid traffic stop and properly conducted field sobriety tests, the arresting officer must follow very specific protocol during the arrest. This means making sure you are advised of your Miranda rights and all chemical tests, blood or urine for example, given in a manner that is required by law.
If your Suffolk County DWI attorney can show that the arresting officer did not follow standard arrest procedure, then there is a chance he or she might get you released from all charges. Moreover, all evidence collected post any procedural breach could be declared as inadmissible.
Discrepancies in Officer Testimony
The testimony of the officer who arrested you is crucial in many DWI cases. Observation Officer Quick witted statements attesting to what the officer observes with the driver; i.e., slurred speech, alcohol on the breath, unsteady balance.
Nevertheless, this is a matter of perspective and an experienced Suffolk DWI attorney will certainly have the ability to angels examine that police officer at trial as well as expose any kind of inconsistencies or total errors in his testament. If the officer can be proved to have been mistaken or simply wrong in his recollections, your attorney may dismiss all charges against you and pave the way for a not-guilty verdict from both the judge and the jury.
Offering Other Defenses for the Impairment
There are a number of reasons someone may act similar to how they would when under the influence, such as being tired, sick, or taking legal medications. In these cases, LI DWI attorney will work with medical professionals to challenge the evidence provided while you were driving and investigate other possibilities for your behavior during the stop if there is no breathalyzer or blood test.
Certain medications like blood thinners can cause signs of alcohol impairment, such as drowsiness or dizziness and there are also easily mistaken side effects from specific conditions even if the result of another substance interferes with a person’s capability to give probable accurate results. Your DWI attorney can thus argue that thanks to the evidence of your medical condition / legal meds, you were not actually intoxicated at all when they pulled you over.
The Significance of Early Legal Representation
THE LAW OFFICE OF STEVEN S. SIEGEL PLLC can help you, if you have been accused of drunk driving in Suffolk County, it is important to hire representation as soon as possible. Timing is crucial in DWI cases and even more so when it comes to safeguarding your right to drive.
When you are arrested in New York, you only have 15 days from the date of your arrest to an administrative hearing with the DMV for a chance at challenging your loss of driver’s license.
Moreover, the sooner you engage an attorney to represent your interests in a DWI case — it means the You provide more time for gathering evidence and questioning witnesses by consent of defense counsel Suffolk County, which essentially strengthens their position. The moment you include your attorney in the process, you are likely to have safer grounds on which to gain a favorable solution.
How to Find the Best DWI Lawyer for Your Case in Suffolk County
Choosing the Right Suffolk County DWI attorney if you are accused of drinking and driving in Suffolk Country or Long Island, it is important that you hire a local DUI lawyer to handle your case. Because every court system is different local knowledge about the judges and prosecutors provides a unique advantage in predicting how your case will be handled.
A top Suffolk County DWI lawyer will have a proven track record having defended numerous clients from charges of DWIs and can offer guidance based on the unique facts of your case.
Conclusion
Being accused of DWI in Suffolk County is a big deal, but it does not mean that those charges are unbeatable. By working with an experienced DWI attorney in Long Island, you could provide a defense against the evidence presented or negotiate reduced charges – and possibly have your case dismissed.
When you understand the legal process and hire an experienced attorney, you can protect your rights and compete for a fair disposition.
One of the key concerns you must address is retaining a Suffolk County DWI lawyer if you are under investigation for suspicion of Driving While Intoxicated. It exacerbates the stress further when residence life might be an additional cause of tension and early legal intervention can mean a big deal between having great defense from your distressing financial situation or not.