Tinari, O'Connell & Osborn, LLP
631-904-0308

Schedule a free initial consultation
or contact us online

Common defenses used for driving under the influence charges

Driving under the influence (DUI) is a serious crime in Long Island that happens all too often. There are thousands of DUI tickets issued every year in the hopes of curbing this problem, so it's understandable if you wind up getting pulled over and charged with DUI.

It's important to note, however, that you don't have to simply give in and plead guilty in such a case. There are defenses to DUI that you can claim in an effort to have the charges dropped or reduced.

Were you issued a breathalyzer test to determine your blood alcohol content level? If so, it's a good idea to begin your defense to DUI charges here. Your attorney can check the validity of the test results as well as the calibration records for the device used. He or she can also make sure the police officer who administered the test was properly trained to do so.

Improper traffic stops occur all the time. Being able to prove to the court that the traffic stop initiated against you was improper can help in your defense against the charges. An officer must have probable cause in order to initiate a traffic stop, such as catching you in the act of changing lanes without using a turn signal. Without probable cause, the traffic stop is illegal and the charges would fall apart.

If you were issued a blood test upon your arrival at the police department your attorney can challenge this too. For example, maybe the proper chain of evidence was not maintained during and after your blood was drawn. Your attorney can also take a look at the way the sample was handled during testing to see if there were irregularities.

Fighting DUI charges in New York is not something you should do on your own. It's important to have an experienced criminal defense attorney by your side when faced with jail time and hefty fines.

No Comments

Leave a comment
Comment Information