New York’s intoxicated driving laws aim to protect all of its residents from undue harm. No one should get behind the wheel after a few drinks, both because of the dangers that doing so presents and the consequences that come along with such reckless behavior.
That said, there are times when New York state’s police officers are overzealous in their efforts to keep drunk drivers off of the road. Hudson Valley, NY, DWI lawyers know that New York’s police officers can misinterpret or misrepresent your behavior on the road. If you don’t challenge those accusations, though, they can negatively impact your quality of life for years.
That’s why our team steps in and helps people like you prevent police officers from using you to meet their monthly arrest quotas. If you’re accused of driving while under the influence (DWI), you can reach out to DWI Tom today to arrange your defense.
Why Can Officers Charge You With a DWI?
Police officers need probable cause to pull you over. There is no such thing – or should be no such thing – as a random DWI check in New York state. That doesn’t mean that police officers won’t ask you leading questions about your driving habits if they do pull you over.
You can, however, make a note of any leading questions and let an attorney know if you think a police officer wrongfully pulled you over if your case goes to court.
Instead, police officers must have a reason for pulling you over and performing sobriety tests on you. These reasons, accurate or otherwise, can include:
- Swerving on the road
- Driving too slowly in a high-speed area
- Improper headlight usage
DWI attorneys in Hudson Valley, NY, can investigate a police officer’s alleged probable cause when looking into your case. If it appears that an officer pulled you over without reason, a court may drop the case against you without further investigation.
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DWI Charges Come With Legal and Extra-Legal Consequences
The legal consequences of an unchallenged DWI can include:
- License suspensions or revocations
- Jail or prison time
- Community service
- The installation of an ignition lock on your car
The social consequences of DWI charges can often prove longer reaching than the legal ones. Many people with DWI charges on their records struggle to find work or maintain their jobs after serving their time. Some rental agencies may even refuse to house someone with a DWI charge on their record, while retailers may refuse to sell convicted parties a home.
That’s to say, nothing about the impact a DWI can have on a person’s right to see their children, maintain their marriages, or make affordable alimony payments. A DWI conviction negatively impacts all of these rights and more, giving someone facing DWI charges all the more reason to fight back against those accusations.
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Do You Need to Call a DWI Lawyer Right Away?
If a police officer pulls you over, tests your BAC, and accuses you of driving under the influence, you need to act. Abide by an officer’s instructions, but do not hesitate to invoke your Miranda rights. Make a note of it, too, if a police officer fails to read you your Miranda rights or otherwise inaccurately represents your Miranda rights.
It is in your best interest to remain silent upon your arrest. As soon as you’re able, reach out to an attorney and request representation. While you have the right to represent your best interests after a DWI arrest, doing so can hurt your case. Police officers can twist your requests and statements to suit their own means if you’re not particularly careful.
Can Police Officers Compound Your DWI Charge?
There are circumstances that can see police officers compound the DWI charges brought against you. You may face additional legal consequences if you refuse a chemical test after getting pulled over. If you resist arrest or otherwise refuse to cooperate with police officers, those officers may encourage a judge to increase the fines or jail time leveled against you.
For example, if you face charges of an Aggravated DWI instead of a first-time DWI, you may face fines of up to $2,500 instead of a first-time charge’s $1,000. A court may additionally choose to revoke your license for up to a year or suspend it entirely.
You can discuss compounded charges and their possible consequences with a DWI lawyer in Hudson Valley.
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How Can You Argue Against DWI Charges?
You’ve chosen to argue against your DWI charges. You have an award-winning attorney on your side. What defense, though, can you make to have the charges brought against you reduced or dropped? The most common defenses used in DWI cases can see you challenge:
- The accuracy of the sobriety tests used to test your BAC at the time of your arrest
- A police officer’s biases by referencing a history of racial, classist, or gendered profiling
- The reasonable cause a police officer alleged prior to pulling you over
You must bring forward evidence to help back the defense you submit to a criminal judge and jury. If you cannot defend your counterargument, you may have a much harder time convincing a court to drop the charges brought against you.
Make sure, all the while, that you comply with any limitations put on your freedom while your case progresses. Do not drive on a suspended license, and work with a court to install an ignition interlock device, if applicable. The more cooperative you are in the face of DWI charges, the better a court’s opinion of your character may be.
We Know How to Defend You Against DWI Charges
A criminal judge deserves to hear your side of the story in a DWI case. Don’t let police officers or the prosecution deny you the right to defend yourself against overinflated or inaccurate DWI charges. A Hudson Valley DWI attorney can help you protect yourself from the fines, jail time, suspensions, and social consequences of a wrongful DWI conviction.
Are you ready to fight back against DWI charges? Contact DWI Tom for your first case consultation. We can meet you where you are to discuss the nature of your charges and what defenses might serve you best. You can count on our qualified Super-lawyers to come to your aid today. Contact us by calling our office or reaching out online for more information.