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Defending Against DUI Charges in New York

A DUI conviction in New York can have serious consequences, including fines, a criminal record, and even jail time. However, if you are facing a DUI charge in New York, there are a number of ways that a New York criminal defense attorney can defend you. Therefore, if you have been arrested and charged with a DUI in New York, it is imperative that you contact an experienced New York criminal defense attorney as soon as possible. A criminal defense attorney will assess the facts of your case and determine the most effective defense or defenses to assert in court. Below is an overview of some of the ways in which a DUI attorney may be able to defend you against DUI charges in New York.

  • There was no probable cause for the arrest – If it appears that the officer who arrested you lacked probable cause to do so, this can be used to fight your case. Without probable cause for your arrest, any subsequent blood or breath tests must be excluded from evidence.
  • Field sobriety tests aren’t reliable – Field sobriety tests are known to be unreliable. Therefore, if you were arrested based on your failure to successfully perform a field sobriety test, your lawyer can assert this fact in your defense. Reasons besides intoxication that can lead to poor results on field sobriety tests include:

-Uneven or slippery terrain
-Bad weather
-Distraction
-Poor lighting
-Anxiety

  • The behavior that led to the arrest wasn’t caused by drug or alcohol use – There are many reasons besides alcohol or drug use that may cause an individual to drive erratically, and when any of these reasons can be proven by a New York criminal defense attorney, the DUI charge will be thrown out. Common reasons include:

-Fatigue
-Confusion
-Allergies
-Medical problems
-Distraction
-Poor road conditions

  • A medical condition caused a false breathalyzer reading – Some medical conditions can cause inaccurate readings on breathalyzer machines, including:

-Acid reflux
-Gastroesophageal reflux disease
-Heartburn

Often, these conditions lead to the appearance of heightened blood alcohol content. Evidence that an individual arrested for DUI suffers from one of these conditions can be used by an experienced New York criminal defense attorney to demonstrate that he or she wasn’t under the influence of drugs or alcohol at the time of arrest.

New York Criminal Defense Attorneys

If you are facing DUI charges in New York, it’s imperative that you engage the services of an experienced criminal defense attorney in order to achieve the best possible outcome in your criminal case. At Barket Epstein, our experienced New York criminal defense attorneys will ensure that you are fully apprised of your legal rights and provided with the most effective defense possible against all theft charges. Please contact one of our experienced criminal defense attorneys today for a consultation.

Posted in: Criminal Defense