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Home / New York Criminal Law Articles / How a Criminal Defense Attorney Can Help with DWI Charges

How a Criminal Defense Attorney Can Help with DWI Charges

A DWI conviction can disrupt your life in countless ways and be extremely costly in terms of fines and administrative fees. You are likely to lose your driver’s license for a period and could even face time in jail. A skilled criminal defense attorney, however, can protect your rights, challenge the evidence, and work to reduce the potential impact on your life. Below you’ll find a discussion of how a knowledgeable attorney can assist you at each stage of the DWI process. For immediate assistance after a DWI or DWAI arrest in Orange County or the Hudson Valley, contact Dupée & Monroe, P.C., to speak with a skilled and knowledgeable Goshen DWI defense lawyer.

1. Understanding the Specific Charges and Penalties

DWI cases in New York can involve various charges, depending on the circumstances and the driver’s history. For instance:

  • Driving While Intoxicated (DWI): This is the charge for driving with a blood alcohol concentration (BAC) of 0.08% or higher.
  • Aggravated DWI: Applies if the BAC is 0.18% or higher, with more severe penalties.
  • Driving While Ability Impaired by Alcohol (DWAI): This charge applies for BAC levels between 0.05% and 0.07%.
  • DWAI-Drugs: Covers impairment by drugs rather than alcohol.

Penalties escalate based on BAC levels, prior convictions, and whether aggravating factors were present, such as driving with a minor in the vehicle or causing a crash with injury. An experienced criminal defense attorney will assess your specific charges and explain the potential consequences, helping you understand what’s at stake.

2. Evaluating and Challenging the Evidence

In many DWI cases, law enforcement officers rely on field sobriety tests, breathalyzer results, and blood tests to establish evidence of intoxication. However, these methods are not always reliable or conducted properly. A criminal defense attorney can help by:

  • Questioning Field Sobriety Tests: These tests, such as the “walk-and-turn” or the “one-leg stand,” are often subjective and influenced by factors like nervousness, medical conditions, or poor testing conditions.

  • Challenging Breathalyzer Results: Breathalyzer machines must be calibrated regularly, and the officer administering the test must be properly trained. An attorney can investigate whether the device was functioning correctly and whether testing protocols were followed.

  • Requesting Blood Test Records: In some cases, blood tests provide more accurate BAC readings, but even these tests can be challenged if they were improperly administered, stored incorrectly, or contaminated.

These challenges can reveal weaknesses in the prosecution’s case, potentially leading to reduced charges, suppressed evidence, or case dismissal altogether.

3. Negotiating Lesser Charges or Penalties

Depending on the prosecution’s case and other factors, a skilled criminal defense lawyer may negotiate with the prosecutor to reduce the charges or minimize penalties. For example, for first-time offenders, the attorney may push for a reduced charge of DWAI instead of a DWI, which can result in fewer penalties and a shorter period of license suspension.

Additionally, in some cases, an attorney may negotiate for alcohol education programs or treatment programs as alternatives to harsher penalties. In these programs, offenders learn about the dangers of impaired driving and may complete certain requirements to have their charges reduced.

4. Representing You in DMV Hearings

A DWI arrest triggers not only a criminal case but also a separate process with the Department of Motor Vehicles (DMV), which determines the status of your driving privileges. In New York, you have only a limited time to request a DMV administrative hearing to contest the suspension of your driver’s license. An attorney can represent you at this hearing, advocating for your right to retain your license while your case proceeds.

Successful representation at a DMV hearing can make a significant difference, especially if you need to drive for work or personal responsibilities. In some cases, an attorney may secure a conditional license that allows you to drive to essential destinations, such as work or school.

5. Building a Defense Strategy for Court

If the case proceeds to trial, a criminal defense attorney will develop a strong defense strategy. Key defense tactics in DWI cases might include, for example:

  • Questioning Probable Cause: The officer must have had a valid reason to stop your vehicle. If the initial traffic stop was unwarranted, any evidence collected afterward may be excluded from the case.

  • Arguing Against BAC Evidence: If the time between driving and testing was significant, the BAC evidence might not accurately reflect the driver’s level of intoxication while driving.

  • Presenting Alternative Explanations for Behavior: Physical or mental conditions, fatigue, or even environmental factors could explain behaviors that officers misinterpreted as intoxication.

A defense attorney with experience in local court procedures and familiarity with the judges and prosecutors involved will be better equipped to mount a successful defense tailored to the specifics of your case.

6. Protecting Your Rights Throughout the Process

The DWI process involves multiple stages, from arrest and arraignment to pre-trial motions and, potentially, trial. A criminal defense attorney ensures your rights are upheld at every step, safeguarding against procedural errors and any misconduct. This vigilant protection of your rights is crucial for achieving the best possible outcome in your case.

7. Reducing Long-Term Consequences

Even beyond criminal penalties, a DWI conviction can affect your employment, insurance rates, and reputation. An attorney can advise on how to deal with potential long-term consequences, including sealing records or seeking post-conviction relief when applicable. In cases where a conviction has already occurred, your attorney may explore options for relief, such as record sealing or appealing certain aspects of the case.

Contact Our Goshen Criminal Defense Attorneys for Effective DWI Defense in Orange County and Hudson Valley

Dealing effectively with DWI charges requires a thorough understanding of New York’s criminal justice system, attention to detail, and strong advocacy. The attorneys at Dupée & Monroe, P.C., have extensive experience defending DWI charges for clients in Goshen, Orange County, and throughout the Hudson Valley. With a strategic and personalized approach, our team will stand by you to fight for the best possible outcome, whether through negotiating reduced charges or representing you in court.

If you are facing DWI charges, contact Dupée & Monroe, P.C., by calling 845-294-8900 to discuss your case. We are committed to providing effective defense strategies that protect your rights and help you move forward with confidence.

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