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Defenses to a drunk driving charge in New York

On Behalf of | Jul 27, 2022 | DWI/DUI |

If you’ve been arrested and charged with DWI, you may be wondering what the next steps are. DWI is a serious charge that can have lasting consequences on your life, so it’s important to understand what you can do to defend yourself.

Did the police officer read you your Miranda Rights?

Police officers are required to read DWI suspects their Miranda Rights before interrogation. If the officer did not do this, then anything you said to the officer after your arrest cannot be used against you in court. This could be helpful in getting your charges reduced or dismissed.

Was the DWI stop legal?

In order for an officer to pull you over on suspicion of DWI, they must have a legitimate reason. This means that they must have observed some sort of illegal or suspicious behavior. For instance, if you were swerving in and out of your lane, the officer would have a valid reason to pull you over. However, if the officer pulled you over without any justification, then anything that happened after that stop may not be admissible in court.

Was the field sobriety test conducted properly?

Field sobriety tests are notoriously inaccurate, and there are strict guidelines that officers must follow when administering them. One of the most common mistakes is that officers fail to properly explain the instructions for the test. If you were not given proper instructions, or if the officer did not follow the correct protocol, then you may win the case.

Are you suffering from a medical condition?

There are many medical conditions that can cause someone to fail a field sobriety test, even if they have not been drinking. If you have a condition such as inner ear problems, diabetes, or high blood pressure, you may be able to use this to your advantage in court.

There are many other ways to defend a DWI charge, but these are some of the most common. If you get charged with DWI, take your time to review your options and choose the defense that is right for you.