By: Passalacqua & Associates

I’ve Been Charged With A DWI. Now What?

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As in most states, Driving While Intoxicated or a DWI, is a serious offense in New York State. Each case is unique, and therefore the details of your situation and the outcome can’t be guaranteed, but there are a few options to consider. In some cases, the charge can be reduced to a DWAI, Driving While Ability Impaired, and in other cases, it can be dismissed altogether.

Having a trusted team of attorneys with experience in DWI cases can be invaluable to you, regardless of the details. Relying on someone who has multiple years of dealing with these cases, the knowledge and experience to guide you through the process, and the drive to help you find the best outcome for your situation is what we are here for. Contact us at (315) 500-6425 to get started.

What Are Some Reasons to Get the Charges Dismissed?

There are a few situations that allow for the option to get the DWI charge dismissed. They are discussed below.

Officers must have probable cause to arrest you in the first place. This can include things like their observations of the scene and evidence they obtained of the scene and of you during the stop. They can utilize field sobriety tests and preliminary breath tests to prove impairment/intoxication. Law Enforcement must have sufficient evidence or probable cause to arrest you, and if it is determined that they didn’t have this, the evidence further obtained at the police station can possibly be suppressed, which may result in your charges being dismissed.

Officers also have to follow a required protocol to take a breath test. Much like Miranda Rights, there are rules in place that the officer must follow to obtain this evidence, and if the right steps aren’t followed (such as having gum or chewing tobacco in your mouth or following the observation period), this could be cause for the charges to be dismissed.

How Else Can I Get the Charges Dismissed?

A DWI charge could also be dismissed if it isn’t proven that you were operating a vehicle while intoxicated on a public highway. There are specifics involved as to what constitutes a public highway in New York, and if the location of your arrest isn’t considered a public highway, this may be cause for dismissal as well.

Law Enforcement must also prove that you had the intent to move the vehicle. There is specific information regarding this that your attorneys can discuss with you in relation to your case. There are some scenarios where the charges were either dismissed or reduced due to the person sitting in their car to warm up, for instance, rather than having the intent to move the vehicle.

Finally, the officer must provide proof of reasonable suspicion to pull you over in the first place. If it is not proven that there was reasonable suspicion to pull you over, there may be cause for the evidence obtained thereafter to be suppressed, and therefore the charges are either reduced or dropped entirely.

How Can We Help?

There are several ways in which the options to have your charges reduced or dismissed could arise. Each situation is different, so there are no guarantees, but we are happy to help you get started by discussing the specifics of your case. Contact us today at (315) 500-6425.