No matter the time of day, being stopped by a police officer is never an enjoyable event for New York motorists. While some drivers might be stopped for minor traffic violations such as speeding or failing to stop at a stop sign, others could be accused of more serious offenses. If a police driver believes that a driver is intoxicated, he or she could be charged with a drunk driving charge. However, in order to be properly charged with a DWI, certain evidence must be properly collected and that evidence must prove that the driver was over the legal limit of 0.08 percent.
Whether it is a driver’s first drunk driving allegation or not, drivers are likely aware of the process law enforcement will go through to attempt to prove that a driver was under the influence of alcohol and that the alleged drunk driver’s blood alcohol concentration was over the legal limit. A driver could submit to a field sobriety test, breath test and even a blood test. However, if these tests are not properly conducted, the results of these tests could be called into question.
Although police officers hold an authoritative figure in society, they are still humans and could make human errors in the steps and processes involved in his or her job. At James M. Wagman, Attorney at law, our experienced legal team focuses on the rights, interests and defense options available to our New York clients. If evidence is not collected properly, we have the skills and resources necessary to suppress that evidence, allowing for the charges against our client to be reduced or even dismissed.
For more information, check out our law firm’s drunk driving website. Those accused of a DWI should understand that this is not a simple traffic violation. A drunk driving charge could carry with it serious penalties that could impact his or her driving privileges. Moreover, if a driver has previous convictions on their record, he or she could be subject to harsher penalties. Therefore, it is important to initiate a defense strategy immediately following a DWI charge.