Can You Get a DWI Dismissed?

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Can You Get a DWI Dismissed?

Criminal Defense & Family Lawyers
Posted on : June 9, 2016

You may believe that once you get pulled over and arrested for a DWI that it’s impossible to fight the charges against you. After all, the officer is going to tell the court that you were intoxicated, so what can you do? Fortunately, there are many creative ways to stand up against charges of driving while intoxicated. Here’s what you should know.

Challenging Breathalyzer Test Results

More often than not, an officer who pulls you over on the suspicion of drunk driving will administer a breathalyzer test. However, there are certain protocols that must be followed when a breathalyzer test is administered, and sometimes, breathalyzer test results are inaccurate. An experienced DWI defense lawyer will challenge the breathalyzer test results by ensuring that the protocols were observed when the test was administered and that the device had been properly calibrated. If the test was not administered accurately or the machine was not calibrated according to protocol, the breathalyzer test results may be able to be omitted from court.

Challenging the Officer’s Right to Pull You Over

In order to legally pull over your vehicle, the officer must have had probable cause to do so. For example, if you had a broken taillight, expired tags, or were disobeying traffic laws, this would be considered probable cause to stop your vehicle and question you. However, not all driving behavior is considered probable cause to pull an individual over. For example, drifting in your own lane without going on the shoulder of the road or the other lane is not considered “weaving” and is not probable cause to pull an individual over. If the officer did not have probable cause to make the stop in the first place, you may be able to have the entire case dismissed.

Protecting Your Rights

Under New York Law, you have certain rights during a DWI stop, and it’s important that you protect those rights under the law. At Schwartz & Krysinski, LLP, we understand how frightening it can be to be charged with a DWI. We know that the penalties can be harsh and life-changing if you’re convicted, and we’re committed to providing you with experienced legal representation every step of the way. Contact us today for a consultation to discuss your case in detail and learn more about the specific defense strategies that may be successful for you. Call now at 718-643-9333.

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