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Arrested for driving while intoxicated? Fight back

| Jan 5, 2018 | Blog

The police arresting you for driving under the influence can naturally be intimidating. Your future may run through your mind, as you may worry about the consequences you may face. These possible consequences include jail time and even fines.

Fortunately, you have the right to aggressively fight a charge of driving while intoxicated in New York. You cannot face a conviction unless the government can prove your guilt beyond a reasonable doubt.

The basics of driving while intoxicated

New York, like other states, considers it a crime to drive while impaired by either alcohol or drugs. These drugs may include over-the-counter kinds, including antihistamines, illegal drugs or painkillers and other prescribed medications.

In addition, you may face a DUI charge if your intoxication level is above a blood alcohol concentration of .08.

Chemical and field sobriety tests

If police pull you over for suspected drinking and driving, an officer may ask you to perform an intoxication chemical test, such as a Breathalyzer, during your vehicle stop. This device measures your blood alcohol level. Alternatively, they may give you the opportunity to complete a blood or urine test to determine your level of intoxication.

In addition to possibly completing a chemical test, you can expect to complete a field sobriety test at the traffic stop site. During a field sobriety test, a police officer will instruct you to perform several tasks used to assess cognitive or physical impairment. For instance, police might ask you to walk on a straight line or even say the alphabet backward. A police officer may also complete a penlight and eye test to determine if you are impaired.

Can you refuse a chemical test?

In New York, it is a requirement that you complete some type of chemical test if police suspect that you have been drinking and driving. Therefore, if you refuse to complete testing, you may face the suspension of your driver’s license for half a year to a year’s time.

How can a strong defense help you in a DWI case?

If you face a charge of driving while intoxicated, an attorney can strategically review your case and tailor the defense to your particular situation. The attorney’s goal is to help you to achieve the most personally favorable outcome and to ensure the protection of your rights in the New York criminal court system.