Looking for and How to Find a New York DUI lawyer(s)?
So you were stupid enough to drink and drive and I bet you thought you were not going to get caught by the police but you did. So,
do not be stupid again. You need a good DUI lawyer who is well experienced. Just because you were caught by the police driving while
under the influence of alcohol does not mean that you are guilty. (You’ve got to love the law!)
Oh, did I mention that just because you fail the field sobriety or breathalyzer tests does not automatically mean that you are guilty.
A good DUI lawyer will challenge the method in which the sobriety or breathalyzer test was administered.
A good DUI lawyer will look at probable cause, police testimony, testing equipment, and police procedures under a microscope. Your
lawyer’s goal is to find a mistake and once one is found your case can be dismissed, or drastically reduced. Many citizens do not know
their legal rights so they prey on people’s ignorance of the law and as a result they themselves will cut corner and by doing so they
would have tainted their case against you.
There are a few defenses that a good DUI lawyer will employ. Here are a few of them:
1. Was the stop even legal? In New York, California, Boston, Phoenix Arizona, Tampa Florida, Tempe, San Diego California, Ventura California,
Chicago and others a police officer cannot just pull you over without a valid reason. The officer must have a good reason to pull you over.
The officer just seeing you swerve in your own lane is not a valid reason.
2. Non-Alcohol Factors: Most DUI cases start with a police officer noticing a driving problem - weaving between lanes, driving too slow/fast, etc.
Officers most often attribute such driving problems to the driver's drunken status, but we can often prove how none relate to impaired driving.
3. Officer Testimony: Does the arresting police officer have a history of disciplinary problems or character-related issues that would affect his
or her credibility with the Judge or jury? Does the officer still work for the same department? Is his or her credibility something that may
work in your favor?
4. Did the officer state that he or she smelled alcohol on your breath? The odor of alcohol alone does not constitute a DUI arrest in New York,
California, Boston, Phoenix Arizona, Tampa Florida, Tempe, San Diego California, Ventura California, and Chicago. Non-alcoholic beer is known
to smell identical to alcoholic beer, and alcohol alone has no smell.
5. Field Sobriety Test: Even healthy, sober adults, can fail walking and standing tests a good one-third of the time. Medical problems,
being elderly or even being overweight can contribute to somebody failing the test.
6. Improperly Administered Field Sobriety Tests: Most officers do not administer the tests in accordance with the guidelines and standards
established by NHTSA. Deviations from these standards by the officer should be exposed as part of your DUI defense.
7. Videotape Evidence: Law enforcement agencies often tape the scene of the arrest or the police station booking process. These videos may
show how your condition at the time of the arrest is less severe than as testified by the District Attorney. Additionally, tapes may show
that the officer made numerous mistakes in administering the different tests.
8. Breathalzyer or Breath Tests: They're inaccurate and most experts agree that they are unreliable standing on their own. If the operator
of the test is unlicensed or their license has expired, the test result should be considered inadmissible. Additionally, if the machine is
malfunctioning, not calibrated, improperly calibrated, or not approved, the results should be rendered inadmissible.
9. Your Diet: Were you on a low-carbohydrate or other restrictive-type diet? High protein diets or fasting-type diets are known to cause
issues that can interfere with breath results.
10. Medical Defenses: With our specialized knowledge about physics, chemistry, biology, anatomy, toxicology, pharmacology and how these
scientific disciplines interrelate, our DUI Defense Attorneys are also well-versed on the medical defenses that win cases. Certain
conditions can affect the accuracy of breathalyzer tests and the accuracy of field sobriety exercises. Some of the more basic examples
include heart disease, diabetes, pre-existing injuries to your back or legs, gum disease, faulty bridge work, heartburn, dentures, or
even traces of attention deficit disorder.
11. Women and Breath Tests: Our DUI Defense Attorneys will also tell you how men and women absorb alcohol differently, and how women reach a
higher blood-alcohol content (BAC) faster because they have less water in their bodies and more fat, which is not easily penetrated by
alcohol. Therefore, a man and woman, with all other factors being equal, both drinking the same amount of alcohol, will have different
BAC levels. The woman's will be higher. It does not help that field sobriety testing and chemical testing are not developed for women.
Breath testing machines are not designed to accurately test a woman's blood alcohol level. The breathalyzer was designed for an average
man's lung capacity, which is obviously much different than that of a woman's. This causes the breathalyzer to read at a higher level,
making the test inaccurate in determining a woman's blood alcohol level. These are all effective defense arguments that our DUI Defense
Attorneys can use to represent your best interests.
12. Plea Bargaining: If you can't completely beat your case by getting your charges dismissed, we're advocates for reducing your charge and
penalties through plea bargaining. This is an agreement between you and the District Attorney's Office whereas charges are diminished in
exchange for your accepting a lesser charge and sentence.