I have been a DUI/DWI lawyer for over 20 years and I can tell you that it is absolutely essential to hire an experienced attorney if you are facing a DUI charge. It is important to note that cases of this nature will vary depending on the circumstances surrounding the situation. Having an attorney who can effectively evaluate the potential consequences of the situation can spell the difference between jail time and paying a considerable fine. A skilled lawyer will mediate between the client and the court by processing documents, scheduling hearings, and making the necessary arrangements for the case.
The possibility of a DUI case being dismissed before it gets to trial is a possibility in the hands of an experienced lawyer. Those who specialize in this practice can, for all intents and purposes, argue several points in court. For instance, an attorney may contest if law officers indeed had probable cause to legally stop the vehicle of the accused. Bear in mind that police officers by law may only stop a vehicle if the driver violated a traffic law, if the driver was driving erratically, or if it is at an official DUI checkpoint. Though rare, there have been instances when illegal stops have been causes for DUI cases to be thrown out of court.
Depending on the circumstances, a DUI case may also be dismissed if the attending police officer did not have sufficient cause to require a breath test. A driver cannot be compelled to perform any sobriety test. However, refusal to do so may be cause for the suspension of your drivers license. A defendant may contest the suspension using various arguments such as questioning the validity of a breath test result or by presenting a valid reason for refusing the test to begin with. A skilled DUI attorney is knowledgeable about the protocol for the administration of a breath test and as such can easily question the manner in which the test was done. Not only can the procedure be questioned, but also the equipment itself.
The State of New York takes cases of driving under the influence as well as driving while intoxicated seriously. If caught, an offender may risk losing personal and professional privileges. Depending on the severity of the crime, jail time may be imposed over and above the payment of fines. In New York, an arrest for suspicion of drunk driving is likely if the offender registers an alcohol level of 0.08 or higher after a blood test or a breath test.
An arrest is also possible if the offender is unable to perform a field sobriety test. As previously mentioned, these types of tests are voluntary, but DWI offenders should take care when refusing any such type of test.Kyle Calabrese has been a practicing Buffalo Lawyer since 1994. To learn more about Kyle and his experience Go Here.