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Making a defense against a DWI charge in New York

When drivers in New York are pulled over, a lot of ideas rush through their minds. In some cases, a driver might not fully understand why he or she was pulled over and what questions he or she might face. Moreover, depending on the reasons for stopping the driver, an officer might seek information from the driver and even request that he or she submit to testing on suspicion of drunk driving. When a driver is suspected of drunk driving, our firm understands that some drivers are not fully aware of their rights. Drivers might not understand what they can refuse or what penalties they could face if they refuse to undergo testing.

Depending on the type of charge a driver is facing, a suspected drunk driver could face serious penalties. The details of the stop will often shape the defense that the driver raises in response to the pending charges. If the charges followed an accident, the driver could face more serious charges, such as an aggravated DWI or a felony DWI. Moreover, if a person was injured or killed as a result of the accident, the driver could endure multiple charges that carry severe consequences.

In these situations, it is important to address any issues that may exist. This often means conducting an investigation surrounding the arrest and evidence collection. By looking at the procedures carried out, errors may be spotted. If an officer failed to comply with the law regarding a search and seizure, for instance, this could result in the reduction or dismissal of the charges against the driver.

Drivers also should be aware that they have already consented to most roadside tests that are designed to identify drunk drivers. When a driver obtains a driver's license, he or she gives implied consent that the driver will submit to a breath test or other blood alcohol tests if an officer requests one. Refusing these tests could result in a driver's license suspension, which could sometimes remain in place, even if the driver ultimately is not convicted of a DWI.

Drivers in New York should understand that they are entitled to a defense when they are charged with drunk driving. In order to get a better grasp on their options, our firm's DWI overview is readily available to help drivers understand their situation. Moreover, gaining insight and advice will help ensure that their rights are upheld and their interests are protected.

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