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Driving (Operating) a Motor Vehicle While Intoxicated or Impaired by Drugs or Alcohol
What We Do
DWI,
DUI, DWAI are all serious charges. No one
should attempt to represent themselves in such a matter (in most
cases the Court will seek to frustrate any attempt to do so). We strongly suggest you seek counsel experienced in criminal defense for
representation. In many jurisdictions the system will exercise great
effort to assure you retain counsel. This will mean several avoidable
adjournments of your matter which will only extend some of the problems
caused by your arrest and force you to miss additional days of work for
no benefit at all.
Under New York State Law, a person is presumed to be intoxicated by alcohol if their blood alcohol test (breath or blood) shows a Blood Alcohol Content (BAC) of .08 of one percent or greater. New York also recognizes "Common Law" intoxication, determined by the arresting officer but subject to attack in Court, where an individual refuses to submit to chemical testing. You are presumptively impaired by alcohol if your BAC exceeded .05 of one percent. Impairment by drugs is similar to impairment by alcohol in that the Police will testify about how you and your actions appeared to them coupled with a chemical test containing a finding that certain drugs were in your system at the time of your arrest.
Proving a DWI/DWAI/DUI case may appear to you not to be difficult for the prosecuting attorney. Not true. A prosecuting attorney must prove (1) you were operating a motor vehicle, and (2) your blood alcohol level was at .08% or greater, or, (3) that you were impaired. by alcohol or drugs.
They must prove you guilty beyond a reasonable doubt.
Their machines aren't perfect. The police aren't perfect. The science the machines utilize is flawed
and can be shown to a jury to be so. Certain medical conditions can result in false high readings. Certain drugs remain in your system for as long as a month after they are ingested (long after any impairment resulting from their use has disappeared). Many cases should be plea bargained and many are appropriate for trial. We will help you assess all of your
rights and options.
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What We Do Whether it's called DWI, DUI, Driving While Intoxicated or Driving While Impaired every case involving operation of a motor vehicle is unique, and each has its own facts. In order to thoroughly defend each Client, in every case we: -
Carefully review police reports for errors, omissions and inaccuracies
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Examine all issues surrounding the police decision to arrest you. Was stopping you lawful? Was the detention lawful? Was there probable cause to arrest you?
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Assess the seizure of you vehicle - Have the police and the District Attorney's office acted in strict compliance with the law or can you do something to get your car back.
More information about Nassau County vehicle forfeiture is available here.
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Determine if the chemical test was properly administered in compliance with New York law; Subpoena the maintenance and calibration records of breath test machines used in your case
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Subpoena the officer's training records to ensure he or she has been properly trained in the use of the breath test machine
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Obtain an independent Lab test of any blood sample to be sure the test result provided by the police is accurate, that the sample is properly preserved, and that it has not been contaminated
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Fully advise you as to all issues listed above, and determine if a trial or negotiated settlement makes most sense in your case
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Fully advise you of the steps you can take to present yourself in the most positive light possible to
both the Court and the Probation Department
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Call us 24/7 at
1-800- A R R E S T E D for a free consultation.
Anyone can get into trouble, we're the ones who can help get you out! |
Keith, Shapiro & Ford
666 Old Country Road, Garden City, NY 1-800- A R R E S T E D (1-800-277-3783)
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