If you are charged with DUI, there is no guarantee that you’ll actually be convicted of the crime. Throughout the legal process, you will be given several opportunities to present evidence that contradicts claims made by law enforcement in New York. There is also a chance that evidence will be ruled inadmissible by the judge overseeing your case.

Test results aren’t always accurate

During a traffic stop, an officer will likely ask you to submit to a chemical test if he or she has reason to believe that you’re under the influence of drugs or alcohol. The results of such a test may be used as a basis to take you into custody. However, there is a chance that the results were inaccurate.

For instance, it’s possible that a blood alcohol reading registered by a Breathalyzer was inflated because of a calibration error. This may also occur if you ate a breath mint, vomited or put on cologne before providing a breath sample. Your DUI attorney may be able to introduce evidence during trial that supports the idea that something like this occurred in your matter.

Was there probable cause to stop your vehicle?

If there was no probable cause to stop your vehicle, the results of a chemical test will likely be thrown out. It’s also possible that any license suspension related to your refusal to take such a test will be thrown out as well. As a general rule, an officer would have probable cause to conduct a traffic stop if they observed your car swerving or traveling at an excessive rate of speed. However, they couldn’t stop your vehicle simply because it was located near a bar or because you were driving late at night.

An attorney may seek to suppress evidence, cast doubt on witness testimony or take other steps to help you obtain a favorable outcome in a DUI case. These actions might result in an acquittal, a plea deal or a case getting dismissed before it is able to go to trial.



James Auricchio was admitted to the practice of Law in 2001. He entered private practice in 2010 after earning distinction as a State and Federal Prosecutor.

Named to the list of Superlawyers, in 2020, 2021, 2022, 2023 and 2024, a distinction awarded to less than 5 percent of all attorneys in New York State