How to Get a DWI Dismissed in NY | Tips to Fighting DUI Charges
The contents of this web page are for informational and educational purposes only, and nothing you read is intended to be legal advice. Please review our disclaimer before taking action based upon anything you read or see.
25,094 DWI charges were recorded in the State of New York in 2021. All those who were accused after being apprehended most likely had the same thought: “How to get a DWI dismissed in N.Y.?” Considering the severe consequences one could encounter if found guilty, thinking in this manner is only normal. Let’s learn how to get a DWI dismissed in NY.
Although everyone would like to have their DWI charges completely dropped, this is challenging. After all, why would the State bother to accuse someone of a crime unless it was certain it could support the charge with the required evidence in court?
Those accused of a DWI must frequently enlarge the significance of “winning” to include anything that lessens the consequences. While dropping one’s DWI charges is undoubtedly difficult, it is not completely impossible. It is possible to have your DWI charges dropped. This article will show how to dismiss a DWI in N.Y. Come along.
How to Get a DWI Dismissed in NY
You can get a DWI dismissed in N.Y. through the following steps:
- Hire a DWI lawyer in New York
- Evaluate the evidence against you
- Build a strong defense strategy
- Analyze the police report and identify any errors
- Challenge the legality of the traffic stop
- Challenge the results of the Breathalyzer test
- Challenge the field sobriety tests
- Negotiate plea deals and reduce charges.
- Attend a pre-trial hearing and/or trial
- Prepare for trial and present a strong defense
- Cross-examining prosecution witnesses
- Present expert witnesses to challenge the prosecution’s evidence
Let’s elaborate in detail now;
Hiring a DWI lawyer in New York
Your first action should be to have your conviction reviewed by a reputable DWI lawyer in New York. This is because, at this juncture, time is genuinely important for what can be done to assist.
Many individuals are unaware that the integrity of proof can be questioned. A skilled DWI defense attorney will examine the prosecution’s proof and determine how best to refute the State’s allegations against you. Working with a counsel who is experienced in DWI cases is crucial because many attorneys neglect this chance to have their penalties decreased.
Evaluating the evidence against you
If it turns out that the cop lacked reasonable suspicion to make the stop, a DWI prosecution may also be dropped. Officers can use structured field stability and initial breathalyzer tests to show probable cause.
Also admissible in court are the officer’s views of the incident and any proof they collected there. Therefore, it’s crucial to assess the proof against you.
Law officials won’t have a good reason to initiate an arrest if they don’t have enough proof. The information gathered at the station may be suppressed if it can be shown that the officer lacked probable evidence.
Building a strong defense strategy
In court, police officers frequently claim that you displayed bodily indicators of intoxication, such as swollen eyes, impaired speech, or an unstable walk.
However, finding reasonable reasons for the same bodily symptoms that do not indicate you were driving while intoxicated is simple. Below is a tabular highlight:
|Exhaustion or worry about the police
|Eyes that are red or runny
|Breath odor from alcohol
|Illness, oral medicine
You can use these honest justifications to create a solid defense plan for your case.
Analyzing the police report and identifying any errors
Analyzing the police report and identifying any errors is the next step on How to get a DWI dismissed in N.Y.
If police protocols are not correctly followed, police inappropriate conduct may result in the dismissal of DUI accusations or the throwing out of evidence. Whether or not you were driving while intoxicated is irrelevant. Checking errors, mistakes, or omissions in DUI Police Reports is also essential.
Challenge the legality of the traffic stop.
Suppose it is discovered that the cop did not have sufficient cause to stop the car. In that case, a DWI case might be dropped only when there is a plausible suspect that the motorist has broken one or more traffic or car laws may require an official pull over a vehicle on a public roadway.
The proof gathered later may get suppression if it can be demonstrated that the cop stopped your car without a valid cause. When information is suppressed, a court decides it cannot be used against you in a prosecution.
Challenge the results of the Breathalyzer test.
Roadside breathalyzer exams are infamously unreliable, but no test is flawless. Therefore, a DWI allegation based on a breathalyzer test may be dropped.
Additionally, there is a twenty (20) minute viewing window before a breath sample is taken to ensure you did not belch or gag. Law enforcement should also check to see if you have any other items in your mouth, such as candy or cigarettes.
A competent DWI criminal defense lawyer understands the process and protocols law enforcement should use to obtain your breath sample. Your lawyer may file a motion to drop your case if they do not agree.
Challenge the field sobriety tests.
The Standardized Field Sobriety Tests used in New York do not reliably detect drunkenness. Anyone who completed a field sobriety test can testify that it is very challenging to pass, let alone while standing by the side of a road at night.
- Among the causes of the harmless test fails are:
- Lack of agility or poor balance
- Anxiety and police harassment
- Inadequate illumination or irregular terrain
- Dizziness or unsteadiness
- Test-interfering footwear or apparel
- Your case might be dismissed if your attorney shows that your FST was inaccurate.
Negotiating plea deals and reduced charges
A plea bargain is another option that you can use to dismiss a DWI charge. In a plea agreement, the prosecution agrees to dismiss a more severe DWI accusation in return for the defendant’s admission of guilt to a minor crime. This is frequently the most effective method for obtaining a DWI dismissal. This approach isn’t only sometimes feasible, though.
If you have a DWI charge in New York, your lawyer will likely review your case to see if you’re eligible for a plea deal.
Attend a pre-trial hearing and trial.
Attending a pre-trial hearing and trial is another step on How to get a DWI dismissed in N.Y. A pre-trial is imperative if the case is complex or the trial may last longer. The goal is to ensure that the hearing moves along quickly, with specific points of contention being located and whittled down as much as feasible.
Preparing for trial and presenting a strong defense
Preparing for trial and presenting a strong defense is essential. However, you can easily succeed with careful trial planning and a compelling defense presentation.
“Proving that you were driving an automobile is not always an easy procedure,” says Expert DUI lawyer Matt Chaput, particularly if you were engaged in a collision without witnesses. Thus, adequate trial preparation is essential.
Cross-examining prosecution witnesses
The defense witnesses must get cross-examination. This makes the evidence more accurate and comprehensive. It also reveals additional facts with strong probative value and clarifies the integrity of direct evidence. Cross-examination is possible using suggestive queries.
Presenting expert witnesses to challenge the prosecution’s evidence
The final step in How to get a DWI dismissed in N.Y. is to present expert witnesses to challenge the prosecution’s evidence. Here, your ability to refute the prosecution’s proof will depend on the statements of expert witnesses. You must employ a skilled DWI attorney to assist you, protect your rights, and bargain with the prosecutors in your best interests.
You might be pondering how to get a DWI dismissed in New York. You have a variety of justifications at your disposal to ask that your accusation be dropped. These defenses change based on the specifics of your situation.
Although this can be difficult, a knowledgeable and tenacious DWI defense lawyer can help you. Having a competent New York DWI defense attorney can improve your chances of avoiding prison time, maintaining your driver’s license, and lessening the effects of the arrest on your life.
- FindLaw. Thomson Reuters; “DUI Under 21 Laws by State”: https://www.findlaw.com/dui/laws-resources/dui-under-21-laws-by-state.html:
- Maruschak, Laura M; “DWI Offenders under Correctional Supervision”: https://web.archive.org/web/20100609071051/http://bjs.ojp.usdoj.gov/content/pub/pdf/dwiocs.pdf
- U.S. National Highway Traffic Safety Administration; “Overview of the Alcohol-Crash Problem”: https://one.nhtsa.gov/people/injury/research/AlcoholHighway/2__overview.htm
I’m a driven and accomplished law graduate and post-graduate, passionate about sharing my legal expertise via my blog. I hold a Bachelor’s degree in Law from the University of London (UK) and a Master’s in Law from the University of Derby (UK). Both gave me the foundational knowledge and skills to excel in my chosen career path.
Throughout my academic journey, I have gained extensive knowledge in various fields of Law, including Corporate and Business Law in the USA, Criminal Law, International Law, US Copyright law, and most importantly, American Constitutional law.