New York takes DWI/DUI cases very seriously, and a conviction can have life-shattering consequences. Drunk driving, driving under the influence of drugs, or refusing a breath test are serious criminal offenses if you are convicted. But this doesn’t have to be your future.
Criminal defense attorney Darren DeUrso understands the impact that a DWI/DUI conviction can have on your opportunities and abilities. Darren DeUrso fights to get your charges dropped so that you can avoid conviction. Get started by understanding your options for avoiding DWI convictions:
Do Not Plead Guilty! Pleading guilty is not your only option. DWI charges are embarrassing and stressful, and you might be tempted to just accept your conviction and just move on with life. But not so fast! The penalties for a DWI conviction make it impossible to “just move on with life.” It’s in your best interest to fight to have your charges dropped, even if it takes more time and effort. And we’re here to help. Darren DeUrso is on your side, dedicated to helping you avoid the high costs and penalties (including license suspension) of a DWI conviction in New York. Do not plead guilty under pressure! You have options! Work with a DWI/DUI attorney to have all the details of your arrest and charges thoroughly examined.
Have Your Attorney Examine Your Blood and/or Breath Test. If you’re being charged with a DWI because of blood and/or breath test results, you need to understand the law regarding these tests. When attempting to prove that you were driving above the legal blood alcohol limit of .08 BAC, there are strict procedures that the prosecution must follow when collecting specimens. DWI charges often rely on evidence provided by Breathalyzer test readings. FightDUICharges reports some of the possible ways an attorney might help you avoid a DWI conviction based on Breathalyzer test readings:
- Reviewing BAC results produced by the machine to determine whether it has operated correctly.
- Obtaining the calibration and maintenance records for the Breathalyzer unit in order to establish whether it has been properly maintained.
- Establishing whether the breathing test equipment used at the time of your arrest was modified in any way so that it is no longer reliable for accurate testing of BAC under the current law.
There are several ways that the police might make errors in protocols while administering Breathalyzer and blood tests. Any errors that take place may then allow ways of having those test results excluded as the primary source of evidence in your case. FightDUICharges advises that a blood draw sample must, under law, always be taken by a medical practitioner or registered health care professional. In many states, you also must give voluntary consent for the specimen to be taken. An experienced attorney can help you discover possible errors that could render your breath/blood test results as inadmissible, and thereby exclude you from a DWI conviction.
- Have Your Attorney Examine Your Breath and/or Blood Test Refusal. Refusing a BAC test at the scene of your arrest can have serious consequences. But perhaps you refused for valid reasons? When no specimen is provided, you may be prosecuted for the offense of failing or refusing to provide a specimen. However, the story can change if you can prove that there was a valid physical or mental reason why you were unable to provide a breath, blood, or urine test specimen. A criminal defense attorney can work with BAC tech experts and medical professionals to help explain your reasons and prove that you had a valid excuse for test refusal. Valid reasons that might be considered reasonable defenses include:
- Inability to provide a sufficient flow of breath into the Breathalyzer due to either a machine malfunction or medical condition such as asthma, chest infection, being a long-term smoker, small lung capacity, physical position when giving the specimen, or anxiety and panic attacks.
- Inability to provide a sample of blood or urine due to physical or mental reasons such as a phobia of needles, or prostate problems.
These are just a few of the ways that legal representation could help you avoid a devastating DWI conviction in Westchester County, NY and White Plains, NY. You owe it to yourself to do everything you can to avoid conviction for your DWI/DUI charges. Darren DeUrso is dedicated to helping you avoid the life-altering implications of DWI/DUI convictions in Westchester County and White Plains. Get help from the legal team who is as concerned about your future as you are! Call Darren DeUrso at 914.772.8614 or contact us online.
188 East Post Road, Suite 300
White Plains, NY 10601