Getting DWI (Driving While Intoxicated) charges dismissed in New York can be challenging, and the specific strategies to use will depend on the specifics of the case. However, here are some steps that could potentially help in getting DWI charges dismissed in New York:
- Hire an experienced DWI attorney: An experienced DWI attorney can help you understand the charges against you and develop a strong defense strategy. They can also identify any legal issues or irregularities in the case that could help get the charges dismissed.
- Challenge the stop and arrest: The police must have a valid reason to stop you and probable cause to arrest you for a DWI. If there was no legal justification for the stop or arrest, your attorney may be able to argue that the evidence should be suppressed or excluded from trial, which could lead to a dismissal of the charges.
- Challenge the breath or blood test results: DWI charges often rely heavily on chemical test results. However, there are many factors that can affect the accuracy of these tests, including improper administration, calibration errors, and other issues. If your attorney can successfully challenge the accuracy or reliability of the test results, it could help in getting the charges dismissed.
- Negotiate a plea bargain: In some cases, negotiating a plea bargain with the prosecutor may be the best option. This could involve agreeing to plead guilty to a lesser offense, such as reckless driving, in exchange for a dismissal of the DWI charges.
- Go to trial: If negotiations or other strategies do not lead to a dismissal of the charges, your attorney can fight the case at trial. At trial, your attorney can challenge the evidence and present a defense strategy aimed at convincing the judge or jury to find you not guilty.
It’s important to note that every DWI case is unique, and the best strategy for getting the charges dismissed will depend on the specifics of the case.
Dont let a DWI
ruin your life
There are plenty of ways to get a DWI dismissed. Insufficient evidence is one way, meaning that there is a problem with the proof that either the person was not driving the vehicle, that they were not intoxicated while doing so, or that they were not operating on a public roadway.
Another way is in violation of speedy trial time. The statute is codified in CPL 30.30, which lays out that the prosecution has ninety (90) days to declare themselves ready for a trial.
Having an experienced DWI attorney will help you navigate if the prosecution has properly declared themselves ready for trial.