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How to Contest a DWI Charge

How to Contest a DWI Charge

Have you been charged with DWI in New York? Many people believe that is nearly impossible to beat DWI charges. The truth of the matter is, you just need to obtain an attorney who is experienced in this area and knows to fight against drunk driving charges. The possible penalties for DWI convictions can be steep, but with strong legal advocacy on your side, your chances of successfully evading a criminal conviction will be much higher.

That is why you need an experienced trial litigation attorney from O’Brien Law Group, LLC to protect your rights in court. The Long Island DUI attorney defends against crimes on a daily basis and knows what it takes to secure a positive outcome. Listed below are several different methods which the firm can use to dismantle the prosecution's case against you:

  • Check to ensure that the officers has probable cause to justify their initial traffic stop- If the police officer does not has reason to believe that you were driving under the influence or breaking a traffic code, or committing any other type of crime, then they should not have asked you to pull over in the first place.
  • Check to make sure that the field sobriety tests properly administered- Many times officers are not fully trained on how to administer the standard field sobriety tests. In some cases, officers conduct them in such a way that drivers are destined to fail them. Not many people know this, but you do have the right to refuse to participate when asked to perform any field sobriety tests.
  • Investigate into whether or not the blood test or breathalyzer test was administered properly- Was the blood test administered without the consent of the driver and without a warrant? Did the medical clinic have troubles with the chain of custody when it came to the evidence? Was the blood sample tampered with in any way and was it stored at the proper temperature? These are all important questions that need to be answered.
  • Check to make sure that the arresting officer had probable cause to make the arrest- In some cases, officers let their personal bias and feelings cloud their judgment and they stray from the proper protocol. However, the law calls for officers to have clear probable cause in order to arrest someone.
  • Check to see if the officers properly informed the driver of their Miranda Rights- The Miranda Warning is usually read as the officers take you into custody. If they fail to read off the Miranda Warning before questioning the defendant, then any incriminating statements that they make, while in custody, are not admissible in court.
  • Make sure that the officers followed the mandated procedures that they are supposed to abide by- Your DWI attorney will be familiar with law enforcement protocol and they can investigate further into your case to see whether or not they deviated from routine procedure. Your lawyer can also work to ensure that they did not violate your civil rights in any way.

Searching for a lawyer for DWI in Long Island?

It is important to remember that according to the 5th Amendment in the U.S. Constitution, you have the right to remain silent. You don't have to answer any police questions- rather you can ask to speak with your attorney. If you or someone you know is currently facing DWI or DUI charges, contact O’Brien Law Group, LLC today. The Long Island DWI lawyer at the firm can help you fight to protect your license and keep your driving record clean. Call today to schedule your free case evaluation at (516) 670-5992.


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