It can happen to almost anyone. You go out to dinner and have a couple glasses of wine or a cocktail or two. Then you make a simple mistake behind the wheel and you’ve been pulled over. As a matter of course, the police officer may ask you to take a field sobriety or blood alcohol test. The next thing you know, you’ve been arrested for driving under the influence of alcohol.
Contrary to popular belief, you can fight charges of drinking and driving. An experienced lawyer will systematically review all the details of your arrest, looking to make certain your constitutional rights were not violated. The first thing they will likely question is whether police had probable cause to pull you over. This means that there was visible evidence that you were intoxicated (you were driving erratically, crossing the center line or weaving back and forth) or that you violated some other traffic law (speeding, failing to stop at a red light or stop sign, etc.). The police cannot randomly pull you over to test for alcohol in your blood.
If the police had probable cause to make the traffic stop, the next thing your attorney will want to confirm is whether field sobriety and blood alcohol/breathalyzer tests were correctly administered. How did the police initially suspect that you had been drinking? What types of field sobriety tests did they conduct? Were they among commonly accepted tests? Were there obvious reasons why you couldn’t satisfactorily pass the field sobriety tests?
With respect to blood alcohol or breath tests, were there mitigating circumstances that would provide a false positive? For example, were you wearing a perfume or cologne that could register on a breath test? Are you diabetic or were you taking other prescribed medications at the time that could elevate a blood alcohol reading? Were the results of the blood alcohol test properly handled by police after your arrest?
Your lawyer may also want to verify whether you were properly advised of your Miranda rights when taken into custody. If not, any statements you made in the patrol car or in lock-up may be inadmissible against you in any legal proceedings.
Contact Sackstein Sackstein & Lee, LLP
At Sackstein, Sackstein & Lee, LLP, we have 58 years of experience representing people in New York who have been charged with a crime. We take an aggressive approach, working hard to protect your rights and your future. We provide a free initial consultation to anyone facing DUI charges. To set up an appointment with one of our experienced attorneys, contact our office online or call us toll free at 888-519-6400.
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