Dismissing a DWI (Driving While Intoxicated) charge in New York State is possible, but it typically requires strong legal grounds or procedural errors. An Albany DWI lawyer may be able to help you.
Here are some of the main strategies and circumstances that have historically led to DWI charges being dismissed:
1. Illegal Traffic Stop
If the police did not have reasonable suspicion to pull the driver over, any evidence obtained after the stop (like breathalyzer results or officer observations) could be thrown out. This is a Fourth Amendment issue (unlawful search and seizure).
Example: If someone was pulled over just for “driving late at night” without any erratic driving or traffic violation, the stop might be challenged.
2. Lack of Probable Cause for Arrest
Even if the stop was legal, police need probable cause to arrest someone for DWI. If the signs of intoxication weren’t strong enough (e.g., no slurred speech, no failed sobriety tests), the arrest might be invalid.
3. Field Sobriety Test Errors
Standardized field sobriety tests (like the walk-and-turn or one-leg stand) must be administered properly. If the officer didn’t follow the correct procedure or gave unclear instructions, the test results could be invalidated.
Click to contact our
dwi lawyers today
4. Breathalyzer Issues
Breath test results can be challenged for several reasons:
- Improper calibration or maintenance of the machine
- Operator error or untrained personnel
- Medical conditions (like GERD or diabetes) that affect results
Complete a Free Case Evaluation form now
5. Violation of Rights
If police failed to:
- Read Miranda rights after arrest (when questioning after arrest occurs)
- Allow access to an attorney in a timely manner
- Provide discovery materials (e.g., breath test logs or bodycam footage)
Then the case could be weakened or dismissed.
6. Missing or Mishandled Evidence
Chain of custody issues with blood samples, missing dashcam footage, or lost police reports can damage the prosecution’s case.
7. Lack of Evidence of Impairment
If the prosecution can’t prove impairment beyond a reasonable doubt, particularly in cases without chemical tests (e.g., refusal cases), the charge might be dismissed or reduced.
8. Plea to a Lesser Charge
Sometimes, charges are dismissed as part of a plea deal to a non-criminal violation like DWAI (Driving While Ability Impaired), which is a traffic infraction—not a criminal offense.
9. Suppression Hearings (Pre-trial Motions)
Defense attorneys often file motions to suppress key evidence (e.g., breathalyzer results, statements made to police). If successful, the prosecution may drop the case for lack of evidence.
New York DWI Laws
In New York, dismissal of a DWI (Driving While Intoxicated) charge can involve multiple legal provisions depending on the circumstances. Below are key parts of New York law that may be relevant in seeking a dismissal:
1. CPL § 170.30 – Grounds for Dismissal of an Information or Complaint
This statute lays out specific legal grounds for dismissal before trial, such as:
- Defective accusatory instrument (e.g., missing essential facts)
- Lack of jurisdiction
- Statute of limitations
- Violation of constitutional rights (e.g., right to a speedy trial)
2. CPL § 30.30 – Speedy Trial Rights
This provision allows dismissal if the prosecution is not ready for trial within a specific time frame:
- For a misdemeanor DWI, the prosecution generally has 90 days to be ready.
- For a felony DWI, it’s 180 days.
If the prosecution exceeds these limits without valid reasons, the case can be dismissed.
3. Fourth Amendment/NY Constitution Article I, § 12 – Illegal Stop or Search
If the DWI arrest stemmed from an unlawful traffic stop or an improper search, evidence such as BAC results or officer observations could be suppressed, possibly leading to dismissal for lack of evidence.
4. CPL § 710.20 – Motion to Suppress Evidence
This statute allows for motions to suppress evidence obtained in violation of a defendant’s constitutional rights. If critical evidence is suppressed (e.g., breathalyzer results), the prosecution may not be able to proceed.
5. VTL § 1192 – DWI Statute
This is the statute under which DWI charges are prosecuted. If evidence fails to meet the statutory definitions (e.g., BAC was under 0.08% or field sobriety tests were improperly administered), dismissal may be sought.
6. Prosecutorial Discretion/Interest of Justice (CPL § 170.40)
A judge may dismiss charges “in the interest of justice,” even if there’s sufficient evidence to proceed. Factors include:
- Defendant’s character and background
- Circumstances of the offense
- Potential consequences of a conviction
- Whether continued prosecution would serve justice
Contact a New York DWI Lawyer Today
If you’re facing charges for driving while under the influence, schedule a free, confidential consultation with DWI Tom today.
Call or text 800-394-1100 or complete a Free Case Evaluation form
