For some New York residents, being charged with driving while intoxicated is the most serious criminal charge they will ever face. Because of this, it can be very scary to have to fight such a serious allegation. There are many potential penalties, ranging from minor fines to jail time. This is why it is critical to mount an effective defense. However, many may not know what an effective defense looks like, or even what a typical scenario that may lead to DWI charges looks like.
Here is an example of one way that a person can find himself facing a DWI charge. After meeting up with a friend to celebrate the end of the week, a man decided to drink two beers. He was a small man and hadn’t eaten very much that day. Because he felt that two beers wasn’t very much alcohol, he decided to drive home after the night out.
While driving home, the man’s cell phone slipped out of his pocket, lodging itself in the crack of the car seat. He glanced down to try to receive it and, before he knew it, his car jumped onto the sidewalk and hit a fire hydrant. Because he was driving at the speed limit, which was low, he did not suspect damages. But when he got out to inspect his vehicle, a police officer pulled up next to him.
After giving him field sobriety tests, the police officer shone a flashlight in the man’s eyes and allegedly noticed that his eyes were bloodshot. The officer then placed the man under arrest and took him to the station. At the station, he was given a blood test, revealing that he was over the legal limit.
One way to fight a drunk driving charge is to scrutinize the findings of a blood test. It could be pointed out that the test was wrongfully administered, or the person administering the test wasn’t licensed. This is just one possible way to fight a DWI charge. An experienced attorney can help a person charged with a DWI learn the full range of their options.
Source: FindLaw, “Examples of Two Drunk Driving Cases,” Accessed on March 27, 2017