Did your DWI stop and arrest meet legal requirements?

Driving while intoxicated in New York is a crime that often includes fines and jail time. Depending on your history and the details of your case, you may lose driving privileges if convicted. However, a DWI arrest does not guarantee a conviction.

According to the New York State Department of Motor Vehicles, drug and alcohol-related traffic violations range from driving while intoxicated or impaired to chemical test refusal and zero tolerance. As a result, having a plan that addresses the particular facts of your case is critical for a successful defense.

Improper stop or officer error

You have rights under the New York state and U.S. constitutions. Officers must have sufficient cause or reasonable suspicion that they have committed a legal infraction or crime. If law enforcement violates your rights when stopping or arresting you, the judge may throw the evidence out of court and dismiss the case.

Breath test problems

DWI convictions often rely on the accuracy of breath tests when establishing your blood alcohol content. If the test was not calibrated correctly, the judge might not accept the results. Officers must receive training for the proper administration of breath tests and field sobriety tests. If they lack this training or the chain of custody has a gap, the test results may not be admissible.

Several factors affect your impairment levels, such as the following:

  • Bodyweight
  • Gender
  • Amount of alcohol ingested
  • Length of time you drink
  • The food you each before and while you drink

Medical conditions, medications and certain foods can affect the breath test and field sobriety test results. Understanding the legal requirements of a DWI stop and arrest might help you reduce the charges or avoid a DWI conviction altogether.