You probably assume that if you're arrested for Driving While Intoxicated (DWI)—also known as DUI (Driving Under the Influence)—you have no defense and it's a lost cause to fight the charge. False!
The penalties for a DWI/DUI charge in New York include hefty fines, the suspension or revocation of your driver's license for up to one year, and required installation of an ignition interlock device on any vehicles registered in your name. These consequences will have serious repercussions on your work life as well as that of your family members. It is always worth consulting an experienced traffic/criminal defense attorney if you or anyone in your family is charged with DWI.
The following are some possible defenses that may apply to your case:
1. The officer lacked probable cause to pull your vehicle over and make an arrest.
2. The officer failed to advise you of your Miranda warnings prior to taking statements from you. (http://bit.ly/XjC1hB)
3. The officer failed to properly administer the breathalyzer test.
4. The officer's testimony regarding your intoxicated state and behavior has reason to be challenged.
5. You have witnesses who were with you at the time of the stop who can testify to your sobriety.
If you have been arrested for driving while intoxicated and live in the Westchester County/New York City area, please contact me for a free consultation by calling (914) 523-5552 or writing me at EliMooreLaw@gmail.com.