If you were charged with a DUI in New York, continue reading and reach out to our firm to learn more. Our skilled Rockland County DUI attorney is on your side.
Is it possible to win a New York DUI case?
If you are charged with a DUI, it does not mean that you will be sentenced to the charge. It only indicates that a police officer believed that you were impaired while operating a motor vehicle. Your attorney will be able to work with you to come up with a plan to cast doubt on the charge and help you obtain an advantageous outcome in your suit. Some of the questions that your attorney will ask you include the following:
Were you below the legal blood alcohol content limit?
In New York, you must have a blood alcohol content of .08 percent or lower to lawfully operate a vehicle. If your BAC is at that level or below, it may be likely to assert that you weren’t impaired when an officer made contact with you. While you can still be arrested for driving after having just one or two drinks, the possibility that the charge is low.
Were you showing any other signs of impairment?
Your blood alcohol content is just one part of the evidence that an officer will use to determine impairment. Other signs of impairment include an inability to stand, slurred speech or having difficulty talking, or being excessively enthusiastic or assertive when talking to police. However, slurred speech or trouble standing could be signs of a medical condition or just a result of being nervous around an officer.
Were you stopped at a sobriety checkpoint?
There is some inquiry as to whether or not sobriety checkpoints are permitted in New York and other states across the country. As a result, you will have the privilege to contest your DUI charge on grounds that your rights under the Constitution were violated. If your attorney can demonstrate that the checkpoint was run improperly, it could be enough to have your case thrown out.
Were test results gathered against your will?
Despite implied consent laws stating that you have to agree to a breath test or lose your license for a year, you must provide consent for the test to be taken. If the test demonstrates that your BAC was above the legal limit, it may not matter because the test result may be thrown out. This can also occur if a blood or urine test is taken without a warrant or without the permission of the driver.
Contact our experienced Rockland County firm
Those facing criminal charges in New York need a strong criminal defense attorney who knows the ins and outs of the criminal justice system. Call today or contact The Law Office of Carl Spector online to schedule a free confidential consultation.
