No driver wants to face DUI charges, but driving under the influence remains one of the most common criminal offenses in New York. Even a first-time conviction can come with steep fines and time behind bars, depending on the facts of the case.
DUI laws are intricate, and no two cases are exactly identical. However, you have the right to a defense against these charges, and there may be several strategies that could apply to your case.
If you would like to discuss your options with a New York City DUI lawyer, contact Goldberg & Allen, LLP today. Our attorneys have the experience to represent clients in a range of legal matters, including DUI, false arrest, drug crimes and several others. For a free case review, call 212-766-3366.
If you are facing DUI charges in New York, then the following information may apply to your case:
The State Has the Burden of Proof
Many drivers fail to remember that in a DUI case, it is the state’s responsibility to prove that the defendant was intoxicated at the time of the arrest, and that he or she had control of the vehicle. Your attorney can question the prosecuting authority’s evidence.
Even if you failed roadside sobriety tests or blew positive on a breathalyzer, you still have options. For example, the breathalyzer may not have been calibrated or administered correctly. Breathalyzers not only have to be operated by someone who is qualified — something that can be disputed in court. If this defense is successful, then the test results may be inadmissible in court.
You should never agree to take roadside sobriety tests. These are inaccurate, and the officer’s opinion may affect the results. The officer’s testimony as to whether or not you “appeared” drunk at the time can be challenged in a DUI case.
Fighting DUI Charges Can Result in a Number of Different Outcomes
Fighting the charges does not guarantee that the case will be thrown out. Sometimes the charges will still lead to a conviction; however, this does not mean that you should plead guilty. Even in cases that lead to a conviction, you may still face lesser penalties based on the evidence and testimony you provide.
The penalties for a DUI conviction, according to the New York Department of Highway Safety and Motor Vehicles, can be quite serious. However, with the right defense, you may be able to avoid time behind bars and steep fines by, for example, participating in alcohol counseling or community service.
If you were recently charged with a DUI in New York and would like to speak with a DUI attorney, then contact Goldberg & Allen, LLP. We can evaluate your case to identify an appropriate defense. We can also help you avoid mistakes that could compromise your interests in court. To schedule a free case review with one of our attorneys, call us today at 212-766-3366.