If you are charged with a DUI, it does not mean that you will be convicted of the charge. It only means 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 a favorable outcome in your case.
Were You Below the Legal Blood Alcohol Content Limit?
In the state of New York, you must have a blood alcohol content of .08 percent or lower to legally operate a vehicle. If your BAC is at that level or below, it may be possible to argue 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 likelihood that the charge will stick is low.
Were You Showing Any Other Signs of Impairment?
Your blood alcohol content is just one piece of 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 overly enthusiastic or aggressive 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 question as to whether or not sobriety checkpoints are legal in New York and other states across the country. Therefore, you will have the right to challenge your DUI charge on grounds that your rights under the Constitution were violated. If your attorney can show that the checkpoint was run improperly, it could be enough to have your case thrown out.
Were Test Results Gathered Against Your Will?
Although implied consent laws say that you have to agree to a breath test or lose your license for a year, you must give consent for the test to be taken. If the test shows that your BAC was above the legal limit, it may not matter because the test result may be thrown out. The same is true if a blood or urine test is taken without a warrant or without the permission of the driver.
Were Test Samples Gathered Correctly?
It is possible that a police officer takes a breath sample improperly, which may lead him or her to believe that you were impaired when you really weren’t. He or she may also take the sample well after you began drinking, which could result in a blood alcohol level that is higher than it was when you started driving. If a blood sample is taken at the scene of a crash or traffic stop, there is a chance that it is handled improperly, which could cast doubt on the charge against you.
Did You Ever Admit to Drinking or Taking Any Other Substances?
An officer may try to compel you to admit that you consumed alcohol or took other substances that could have impaired your ability to drive. However, it is never a good idea to do so. Even if you only admit to drinking a beer or two, it could provide an excuse to take you into custody. Depending on the strength of the case against you, not admitting that you were drinking could be the difference between a conviction or walking away from the charge with no penalty.
There are many ways to win a DUI case in the state of New York. If the evidence against you is weak or causes a jury to doubt that you were impaired, it could lead to a plea deal or a full acquittal. This is why it is important to say as little as possible to the authorities until you call your lawyer if you are being charged with driving while impaired.
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