The chances of successfully beating a DWI (Driving While Intoxicated) charge in New York depend on various factors, including the specific circumstances of your case, the strength of the evidence against you, and the legal strategies employed.
While it is impossible to guarantee a specific outcome, here are factors that may influence your chances of successfully contesting a DWI charge in New York:
- Evidence issues: If there are significant problems with the evidence, such as issues with the traffic stop, the administration of field sobriety tests, or the accuracy of the chemical tests (e.g., breathalyzer or blood test), it may weaken the prosecution’s case and increase your chances of success.
- Legal defenses: An experienced DWI defense attorney can identify and pursue legal defenses that may apply to your case. Common defenses include challenging the traffic stop’s legality, the chemical tests’ reliability, or law enforcement officers’ conduct during the arrest.
- Field sobriety tests: Field sobriety tests are subjective and may be challenged in court. If the officer administering these tests did not follow proper procedures or if there were other factors, such as medical conditions, that affected your performance, it could be used as a defense.
- Breathalyzer or blood test issues: The accuracy and reliability of breathalyzer and blood tests can be challenged. Errors in the testing process, calibration issues, or other factors may be used as defenses.
- Improper procedures: If law enforcement officers do not follow proper procedures during your arrest, it can lead to potential legal challenges. This includes issues with Miranda warnings, search and seizure violations, and failure to respect your rights.
- Rising blood alcohol level: In some cases, your blood alcohol concentration (BAC) may have been rising at the time of the traffic stop, leading to a higher BAC reading than when you were driving. This may be a potential defense.
- Negotiations and plea bargaining: In some situations, your attorney may be able to negotiate with the prosecutor to have the charges reduced to a lesser offense, such as DWAI (Driving While Ability Impaired), which carries less severe penalties.
- Trial strategy: If your case goes to trial, the quality of your legal representation and the presentation of evidence can greatly impact the outcome. A skilled attorney can challenge the prosecution’s case and present a strong defense on your behalf.
It’s important to keep in mind that every DWI case is unique, and the success of your defense will depend on the specific facts and circumstances involved.