How to defend against a drunk driving charge
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How to defend against a drunk driving charge

| Jan 19, 2021 | DWI

In the state of New York, it is illegal to operate a motor vehicle while under the influence of drugs or alcohol. If you are charged with DWI, an attorney may utilize a number of strategies to dispute the charge and help you obtain a favorable outcome in your case. Let’s take a look at some of the specific tactics a legal professional might use in a drunk driving case.

An attorney may cast doubt on the reason given for a traffic stop

It isn’t uncommon for police officers to initiate traffic stops based on what they think is happening as opposed to what they’re actually observing. For instance, if your car is seen swerving between lanes just after 2 a.m., an officer might think that you’re a drunk driver just coming home from the bar. However, the truth may be that the car may be swerving because it has a flat tire or because you moved to avoid something in the road. Your attorney may be able to use witness statements, police statements, or other evidence to refute an officer’s claim that you were impaired.

It may be possible to cast doubt on the results of a Breathalyzer test

In many cases, the results of a Breathalyzer test go a long way in determining if a driver is charged with driving while intoxicated. However, there is no guarantee that the results of your test were accurate. If you suffer from a gastrointestinal issue, a Breathalyzer test may be useless in determining your true blood alcohol level. The same might be true if you recently vomited, used mouthwash, or put on cologne. There is also a chance that the machine itself wasn’t properly calibrated when you blew into it.

If you are charged with DWI, it is generally in your best interest to contact an attorney immediately. Doing so may make it easier to have a charge dropped before trial or to obtain a favorable plea deal in a timely manner. A plea deal may allow you to avoid jail time, a license suspension, or other penalties.