Is it Possible to Defend Against My DWI Charge?



    If you recently received a DWI charge, you should employ every defense strategy available to you. However, it is understandably difficult to understand just which defenses apply to you, or even if a strong offense is your best defense. Continue reading to learn how to possibly defend against your DWI charge and how an experienced Garden City, NY DWI | DUI attorney of Grunwald & Seman can work on your behalf to reduce or altogether eliminate the penalties you are facing.

    Is it possible to defend against the field sobriety tests associated with my DWI charge?

    The law enforcement officer who pulled you over on suspicion of driving under the influence of drugs or alcohol must conduct field sobriety tests. These tests can help to determine your level of intoxication through your motor skills and balance. The types of field sobriety tests that you may have participated in are as follows:

    • The Horizontal Gaze Nystagmus test.
    • The One Leg Stand Balance test.
    • The Walk and Turn test.
    • The Head Tilt test.
    • The Finger to Nose test.
    • The Reciting the ABCs test.
    • The Counting test.

    Each test has specific rules that must be followed. Otherwise, it will not be considered to have been legally conducted. So, if you believe that you unfairly failed a field sobriety test and you received a DWI charge as a result, you may be able to use one of the following defenses:

    • The officer did not read all the instructions for the test beforehand.
    • The officer did not demonstrate the test to you beforehand.
    • The officer did not inform you that you could remove your high heels when performing the test.
    • The officer ignored the health issues that prevented you from passing the test.

    How else can I defend against my DWI charge?

    Aside from defending against improper field sobriety tests, you can take any of the following stances:

    • The officer conducted an illegal stop: every officer must adhere to certain laws while conducting a traffic stop. So, if they mishandled your traffic stop in any way, the New York court may have to reduce or dismiss their charges against you.
    • Your medical or health issues were not accounted for: aside from the impact they may have on your field sobriety tests, certain medications can make establishing your blood alcohol content much more difficult, if not impossible.
    • There is compromising footage of your traffic stop: many police departments in New York require their officers to record traffic stops on video. So, this footage can show that they improperly conducted the traffic stop. Or, if there is no footage, your case will be based upon their word against yours. Nonetheless, one of the skilled Nassau County criminal defense attorneys will request this additional evidence on your behalf.

    Contact Our Long Island Firm

    If you need experienced legal counsel for a criminal matter on Long Island or anywhere in New York State, please contact Grunwald & Seman, P.C. to schedule a consultation.

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