Seeing flashing lights in your rearview mirror can be alarming, especially if you’ve recently consumed alcohol. The fear and uncertainty that follow can be overwhelming. If you find yourself facing DUI or DWI charges in Monticello, NY, having an experienced defense attorney on your side is crucial.
The Law
In New York, driving under the influence (DUI) or driving while impaired (DWI) are serious charges that hinge on specific legal thresholds. The legal limit for blood alcohol content (BAC) is 0.08 percent. However, you can also be charged with driving while ability is impaired (DWAI) if your BAC is as low as 0.05 percent.
To secure a DUI conviction, the prosecutor must prove two key elements:
1. You were operating a vehicle.
2. You were under the influence of alcohol or impaired at the time of the stop.
Even if you were over the legal limit, there are often nuances in each case that can work in your favor. An experienced Monticello DUI defense lawyer can leverage these complexities to potentially reduce or dismiss your charges.
Casting Doubt
A skilled DUI attorney will focus on challenging the evidence presented by the prosecution. Here are some common defenses:
– Field Sobriety Test Issues: If you performed poorly on field sobriety tests due to a disability or if the officer failed to explain the tests properly, this could be a valid defense.
– Lack of Witness: If the officer did not actually see you driving and only observed you after your vehicle was parked, this might weaken the prosecution’s case.
– Probable Cause: Your lawyer can investigate whether the officer had a legitimate reason for pulling you over. If not, the stop may have been unlawful.
– Subjective Testimony: Officer reports and testimonies can be subjective. For example, bloodshot eyes might be due to allergies rather than intoxication. Your attorney can present evidence to counteract the officer’s claims, such as dash cam footage or witness testimonies.
Facing DUI or DWAI charges alone can have serious consequences. New York’s DUI laws impose severe penalties, including fines ranging from $500 to $1,000, potential jail time of up to one year, and a minimum six-month revocation of your driver’s license.
Call Scott Russell Law for Help
Don’t face DUI or DWAI charges without experienced legal representation. Scott Russell Law offers a free consultation to discuss your case and explore your options. With a background as a former prosecutor, Scott Russell brings valuable experience to the table, working tirelessly to minimize the impact of any NYS traffic violation on your life.
If you’ve been charged with driving under the influence or impaired, contact Scott Russell Law at 845-741-3331. Let us help you fight back and protect your rights.
