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If you or a loved one have been charged in New York with driving while intoxicated (DWI) or driving while ability impaired (DWAI), you need a skilled and experienced criminal defense lawyer. Our lawyers have successfully handled misdemeanor and felony DWI cases, including Leandra Law DWIs. Our lawyers have also represented those charged with chemical test refusals (e.g. refusing to give a breath, blood or urine sample) both in the courts and at DMV hearings. Our lawyers have assisted countless people in obtaining hardship driver licenses and conditional driver licenses.
Being charged with driving while intoxicated, whether classed as a felony or as a misdeamenor, is a very frightening experience. In addition to the possibility of jail and steep fines, those charged with driving while intoxicated also face the possibility of having a criminal record, having their drivers license suspended or revoked, and other serious consequences. Our experienced criminal defense lawyers have successfully represented those charged with driving while intoxicated in Manhattan, Brooklyn, the Bronx, Queens, and many cities and towns in Westchester including White Plains, Yonkers, New Rochelle, and Mount Vernon. Our lawyers also represent those have who have been charged with DWI and DWAI in Rockland County, Orange County, Duchess County, Ulster County, and throughout New York State.
The very manner in which most driving while intoxicated arrests are carried out provides our experienced lawyers with valuable opportunities to suppress evidence and to possibly obtain an outright dismissal. Those charged with driving while intoxicated are usually arrested after the police observed (or allegedly observed) them driving in a careless or reckless matter. For example, the police will usually allege that they witnessed a driver speeding, failing to stop at a red light, failing to stop at a stop sign, driving on the shoulder, or crossing the center line. At some point during the ensuing stop the police officer will allege that the person is intoxicated, and will administer field sobriety tests and the Alco-Sensor test to confirm (or dispel) their suspicion. Field sobriety tests consist of the horizontal gaze nystagmus test, the walk-and-turn test, and the one-leg stand test. The alco-sensor test is an unscientific and preliminary “breath test” to determine the presence or absence of alcohol in a suspect’s breath. The Alco-Sensor test is administered at the scene prior to arrest, and after all of the other field sobriety tests have already been administered. The Alco-Sensor test is used to further establish probable cause for a DWI arrest. It is usually administered after the three field sobriety tests have been performed, and the Alco-Sensor test has been administered, that a person is formally arrested and taken to the police station where the police will demand that the person take a chemical test of their breath, blood or urine.
Our criminal defense lawyers use their in-depth knowledge of constitutional law to try and suppress evidence obtained at the scene, and prior to the stop, in order to maximize a client’s chances of beating their case. Our lawyers begin by evaluating the circumstances of the stop to determine whether a plausible argument can be made that the police had no basis for the stop and that any evidence obtained after the stop was obtained in violation of the client’s constitutional rights and is therefore inadmissible at trial. Additional, our lawyers look to see how a person performed on the field sobriety tests with a view to convincing a judge that the police had no probably cause to arrest the person in order to try and exclude the chemical test of their breath, blood or urine.
In addition to our skill and experience suppressing evidence in driving while intoxicated cases, our lawyers also specialize in fighting these cases by challenging the breathalyzer results, including: (1) the instrument’s calibration; (2) the manner in which the breath, blood or urine sample is taken; (3) the operator’s interpretation of the results.
If you, or a loved one, have been charged with driving while intoxicated, or driving while ability impaired, in the state of New York do yourself a favor and call our experienced criminal defense lawyers for a free consultation at 212-658-1455, or fill out the form on the right. We will use our experience, knowledge, aggressiveness and tenaciousness to get you the best possible results. Our lawyers offer reasonable rates, payment plans, and accept all major credit cards.