Driving while intoxicated (DWI) charges are serious. If convicted, a DWI can significantly impact your life, affecting both your professional and personal lives. If you’re facing a DWI charge, it’s important to contact a knowledgeable New York lawyer with experience in such cases.

Your lawyer can carefully examine your case, looking for common reasons that may allow for a dismissal. These reasons range from a lack of reasonable suspicion to procedural errors, each serving as vital tools to help your lawyer work toward a DWI dismissal.

1. Lack of Reasonable Suspicion

A police officer must have reasonable suspicion to pull you over. For example, if a driver is weaving between lanes, driving extremely slow, or otherwise driving erratic, the police officer has reasonable suspicion to pull them over.

However, if they pull you over without reasonable suspicion, any evidence they gathered afterward may be subject to suppression. This means that if evidence is found that the officer obtained it illegally, it may be kept out of the courtroom. Without that evidence, your DWI case may be dismissed.

2. Insufficient Probable Cause

In addition to reasonable suspicion, law enforcement must have probable cause to arrest you. They can establish probable cause in multiple ways, such as through field sobriety tests, preliminary breath tests, or their observations and evidence obtained from the scene.

Without sufficient evidence, officers won’t have probable cause to arrest you. So, if your lawyer can demonstrate that the arresting officer didn’t have probable cause, your DWI might be dismissed.

3. Faulty Testing

New York law enforcement uses multiple testing tools to evaluate whether a driver is under the influence of drugs and alcohol. Breathalyzer machines and field sobriety tests, such as the walk-and-turn, one-leg stand, and finger-to-nose tests, are staples.

Unfortunately, while breathalyzer machines are widely used across New York, they’re not always accurate. Sometimes, they can produce inaccurate readings that can lead to a DWI. The inaccuracies can result from various factors, such as improper calibration, a medical condition the driver has, or environmental conditions.

Field sobriety tests can have similar issues. Individuals with physical or medical conditions may be unable to perform the requested tests, potentially leading to a skewed assessment of the driver’s level of impairment.

4. Procedural Errors

Law enforcement in New York must follow specific procedures and protocols that protect constitutional rights. If they fail to do so, their actions can establish doubt about the validity of their evidence.

For example, suppose the officer who arrests you deviates from standardized procedures for a field sobriety test. Or, maybe they fail to check your mouth for any other substance, such as chewing gum, which can cause a condition called “mouth alcohol contamination,” which may hold alcohol in your mouth.

How to Get a DWI Dismissed in New York

The process of getting a New York DWI dismissed can vary from case to case. It hinges on the specifics of your case and the factors that may open the door to dismissal. For example, if your arrest involved procedural errors, your lawyer would hone in on those issues to cast doubt on the validity of the officer’s evidence.

DWI dismissal isn’t simple—it requires a careful evaluation of the case, including the details surrounding the arrest. Given the complexities of New York’s DWI laws and the potential repercussions of a conviction, it’s best to hire a knowledgeable lawyer to help you navigate your case. Your lawyer will walk you through the steps of working toward a dismissal, ensuring you understand your legal rights and obligations.

What Happens If You Can’t Get a New York DWI Dismissed?

In some instances, dismissal efforts may prove unfruitful. When this happens, your lawyer may negotiate a plea bargain with the prosecution, working to obtain lenient penalties. Oftentimes, they’ll negotiate those more lenient penalties in exchange for pleading guilty to a lesser charge, such as driving while impaired (DWAI).

It’s important to note that a plea bargain isn’t the same as a dismissal. While the specifics of plea bargains can vary, yours may involve pleading guilty to a lesser charge to secure more lenient penalties. If your lawyer’s efforts don’t result in a dismissal, they can walk you through your alternative options, which may include a plea bargain or trial.

How a Lawyer Can Help With Your DWI Case

If you’re facing a DWI charge, having help from a skilled New York DWI lawyer is crucial. These cases are often complicated and, if convicted, can significantly impact your life, so it’s a good idea to enlist the help of a knowledgeable lawyer.

Your lawyer will guide you through each stage of the process, ensuring you understand your legal options, rights, and obligations. They will:

• Evaluate your case to determine your legal options
• Examine the strength of the prosecution’s case to identify and challenge any procedural errors
• Curate a defense strategy tailored to the specifics of your case
• Represent you throughout the process and ensure your rights are upheld in every step

Your lawyer is there to guide you. If you’re facing a DWI charge, contact our skilled lawyers at The Law Office of Julie Rendelman. We’re here to help you understand your options and work toward a dismissal. Call (212) 951-1232 or complete our online contact form to start with a free consultation.

Frequently Asked Questions

Can a DWI Be Reduced in NY?

A DWI charge can be reduced to a lesser charge in New York. The lesser charges, often given as part of a plea bargain, carry more lenient penalties than a DWI but still can require you to pay a fine and face other consequences.

Can a DWI Be Dismissed in NY?

Getting a DWI dismissed in New York is possible, but it’s very challenging. DWI laws in NY are strict, so it’s important to enlist the help of a knowledgeable lawyer. Ideally, you should contact your lawyer as soon as possible to improve your chances of achieving a more favorable outcome.

Do You Lose Your License for a First DWI in NY?

A six-month driver’s license suspension and other penalties are mandatory with a first DWI in New York. You may be able to get a conditional license, but it isn’t guaranteed