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Defense options for a DWI charge

Imagine meeting your friends after work on Friday to start your weekend. You spent a few hours cutting loose, winding down from stressful week. Things took a turn when you were on your way home. As you turned into your neighborhood, you saw red and blue lights flash in your rearview mirror. A short time later, you were in the back of a squad car and on the way to the police station.

Driving while intoxicated (DWI) charges can have lasting effects in many aspects of your life. You might have trouble finding a job or renting a new apartment. If you are a student, you might have issues during the financial aid approval process as well. Fortunately, an experienced attorney in the Sayville area can help you defend yourself against a DWI charge.

Illegal stop

Your attorney will look at every aspect of the incident in determining a proper defense. This includes examining the reason why the police officer pulled you over in the first place. If the officer did not have sufficient probable cause to make a traffic stop, then everything that followed may be improper in the eyes of the court.

Inaccurate field test

Another defense is the improper administration or lack of dependable results of a field test. One of the most common field tests, the horizontal gaze nystagmus (HGN), is often a source of debate. Attorneys tend to challenge the accuracy of this test on a regular basis.

Inaccurate portable breathalyzer

In order to properly administer a portable breathalyzer, police officers must have proper training. Part of a defense strategy might be calling into question the officer's training. Also, other factors might play a part in inaccurate results. For example, if you were suffering from indigestion, or vomited just before the test, the results might be wrong. In addition, portable breathalyzers not calibrated or maintained in a proper manner might also provide questionable numbers. The same issues can also apply to a standard breathalyzer test that officers perform at the station.

Lost or mishandled evidence

If you submit to a blood test, the sample will have to pass through many different sets of hands. It will go from the person that administered the test to the lab and then admitted as evidence. Several people might handle the test between each phase. This makes it easy for an individual to tamper with, mishandle, or completely lose the evidence.

If you have been charged with a DWI, it is important to remember that you have rights and options. Most importantly, you have the right to a defense.

Source: Nov. 30, -0001

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Suffolk County Defenders Association New York State Defenders Association | Founded 1967 New York State Bar Association Suffolk County Bar Association | NY 1908

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