If you have been charged with driving while under the influence (DUI) in New York, you likely feel overwhelmed by the impending consequences. However, there is no need to panic just yet as there could be potential defenses that can help you avoid the harsh penalties of this criminal offense. When charged with DUI, the prosecution will have to prove you are guilty beyond a reasonable doubt. To do this, they require a substantial amount of evidence. Sometimes there are breathalyzer errors, police errors, and other DUI defenses that can be used to beat the DUI charge. Keep reading to learn about some of the potential defenses that could help you get your DUI case dismissed or charges reduced. In addition, please contact a talented Garden City, NY DWI/DUI attorney who can defend your rights.
How can I beat a DUI charge?
When charged with DUI, there may be errors or issues with key pieces of evidence the prosecution relies on to convict you. When this is the case, an experienced criminal defense attorney can help you explore all available defenses and uncover legal flaws. This could help you reach reduced or dismissed charges.
One of the most common defenses is breathalyzer errors. When a police officer has probable cause to perform a traffic stop on suspicion of a DUI, they will require you to blow into a breathalyzer. However, if the officer did not have probable cause to stop you, any evidence obtained cannot be used against you as it was illegally obtained and your 4th Amendment rights were violated. DUI stops must be supported by reasonable suspicion. Failure to have probable cause can be used as a defense.
Moreover, if the officer has probable cause they will require you to submit to chemical testing. A breathalyzer is a breath test that measures your blood alcohol concentration (BAC) to determine how much alcohol is in your system. However, many people do not realize that breathalyzer readings can be inaccurate if not administered properly. If it is not calibrated or maintained properly by the police officer, they will not receive an accurate representation of your BAC.
According to research, breathalyzers use a partition ratio to estimate your BAC. Therefore, the ratio of alcohol in your exhaled breath to alcohol in your blood of 1:2100. However, in reality, ratios of tested individuals range from 1:300 to 1:3000 or more depending on a person’s sex, weight, breathing patterns, body temperature, and red blood cell ratio. That being said, physical differences between motorists can affect the partition ratio and result in margin error. Research has also shown that chemical testing has an error rate of between .005 and .02%. As these percentages reveal, several issues can cause false positive breathalyzer results which can work in your favor.
If you are facing a DUI conviction, it is in your best interest to retain one of our adept and determined team members. DUI has long-term repercussions that negatively impact your life. To prevent harsh penalties, allow our firm to represent your interests today. We will explore all available defenses to help you reach a favorable outcome.
