Although driving under the influence is a common offense, a conviction comes with harsh consequences in New York. According to the U.S. National Library of Medicine, DWI rates remain high in the United States despite the traditional penalties of a fine and jail time. For this reason, courts now punish offenders with rehabilitation, license suspension, community service and more.
If you are facing DWI charges in New York, contact Darren DeUrso, Attorney at Law. Mr. DeUrso is a criminal lawyer in White Plains who can structure a comprehensive defense based on the unique facts of your case. Even if you failed the breathalyzer, there may be a defense that works in your favor.
Call 914-772-8614 to schedule a consultation. Until then, read on to learn two mistakes you should avoid during a DWI arrest:
Mistake 1: Assuming Guilt
Police officers rely on a suspect’s performance on sobriety tests to establish probable cause to make an arrest. These evaluations include breathalyzers and field sobriety tests.
Many people assume that if they fail an FST or breathalyzer, they are automatically guilty. This, however, is not the case.
If the officer stopped your vehicle without reasonable suspicion, then any evidence that he or she gathered during the stop – including the results of FSTs and the breathalyzer test – will be inadmissible in court. Also, both of these approaches to evaluating sobriety can be inaccurate.
Sober people can fail field sobriety tests if they are overweight or elderly, or if they have knee or back problems. Inclement weather and wearing certain types of shoes can also influence the results.
Breathalyzers may produce incorrect readings if they have not been calibrated or maintained correctly. If there is a reasonable probability that the results were inaccurate, then they will not be admissible in court.
Mistake 2: Confessing
Although you should never lie to a police officer, you also should not confess to driving while intoxicated. If you confess, the prosecuting authority can use your statements as evidence against you in court.
You should not answer incriminating questions until you consult a criminal attorney. Your lawyer can answer officers’ questions on your behalf and help you avoid unknowingly admitting fault.
Your attorney can also gather evidence, evaluate your arrest and structure your defense. With the right approach, it may be possible to convince the courts to reduce the charges or penalties, or to dismiss the charges altogether.
If you were arrested for DWI, your fist call should be to a criminal lawyer. Darren DeUrso, Attorney at Law is a New York DUI attorney who can help you navigate the justice system.
Mr. DeUrso has been in practice for 25 years. His experience as an assistant district attorney gives him a unique skillset when it comes to defending clients who face criminal charges. He has successfully defended clients who face charges related to DWI, theft, assault, parole violations and other criminal offenses. Call 914-772-8614 to schedule a consultation.