DWI Defense Strategies

DWI/DUI Convictions Carry Serious, Life-changing Consequences

An arrest for drunk driving in New York carries serious consequences. Those charged with DUI/DWI can face jail time, suspension or revocation of their driver’s license, fines that can feel unsurmountable, and mandatory alcohol screening along with educational courses. The state also now mandates vehicle interlock devices for certain DWI offenses that can prove embarrassing and inconvenient. Even if your BAC was only .05%, you can still be subject to many of the same consequences as higher BAC offenders. All of these consequences can lead to lingering issues that can impact your employment, raise your insurance rates, and affect your future career options.

Everyone Makes Mistakes & Everyone Deserves to Be Treated Fairly

Being charged with a DUI or DWI doesn’t necessarily mean you will be convicted and automatically lose your license. The state of New York must prove the criminal charges that have been made against you and the law entitles you to challenge the strength of the state’s case. Hiring our DWI/DUI attorneys can allow you to better defend your rights against a criminal charge of drinking while driving or drinking under the influence.

Our Skilled Criminal DUI/DWI Attorneys Provide a Proactive Defense

Contacting a legal representative early on is important when you are charged with a DUI/DWI or DWAI. Certain defenses need to be brought up promptly or you risk losing the right to assert those defenses. When you contact Jackson Bergman, LLP to defend you in your case, you get the peace of mind that comes with knowing you’re hiring an experienced DWI defense team that has worked on both sides of the law and understands what it takes to successfully defend your rights.

New York State has a “prompt suspension” law that makes it very likely your driver’s license will be suspended at your arraignment. Our attorneys can assist you in challenging this law to obtain conditional driving privileges that will help you continue to commute to your place of employment. In addition to aggressively defending your right to drive, our team can diligently defend you against a DUI/DWI conviction and protect you from the devastating results of such a conviction on your record. We do this by relentlessly reviewing the facts involved in your accusation and by formulating a plan to raise all applicable defenses during the course of your DWI/DUI case.

Did you Know?

Did you know Jackson Bergman attorney Thomas D. Jackson is a published author and has been featured in Thompson Reuters “Inside the Mind” series as an expert contributor? In the nationally recognized book, Mr. Jackson wrote a chapter on the latest thinking on progressive strategies in defending criminal DWI/DUI cases in New York State and brings to light methodologies and emerging trends that every criminal defense lawyer should be aware of.

What Are Your Chances of Beating a DUI/DWI in Broome County?

This is difficult to answer as every case is unique, but we can tell you your chances of beating a drunk driving accusation are very slim unless you hire an experienced DWI team to fight on your side. You are granted some leniency if it is your first offense. However, if you have been previously convicted of a DUI/DWI, it is especially important to seek legal advice from a law firm that is well-versed in the intricacies of a DWI/DUI defense strategy.

How We Defend Against DWI/DUI Accusations

Certain defense strategies and the circumstances surrounding your arrest may enable evidence to be suppressed in your case leading to the dismissal of the charges or a reduced charge that does not have the criminal consequences of a DWI/DUI conviction. Some of these defenses can include police not having probable cause, an improper arrest or testing procedure, bringing forth credible witnesses who attest to you being sober, and malfunctioning testing equipment. While not an exhaustive review, requesting a free case evaluation from our attorneys can help provide more insight into viable defense strategies we can utilize to prove your innocence or lessen your charge.

Reasons for Administering the Breath Test

If you were pulled over for a legitimate reason, then the police officer may ask if you have been drinking. If you deny this and they still want to perform a field sobriety test, then you may refuse to do so. Generally, the refusal of a field sobriety test will come with the request of the officer to give you a breath or chemical sobriety test. If you refuse these tests as well, then you can lose your license for at least one year.

To get your license back, you will have to go to a license suspension hearing and demonstrate several different things:

• You were stopped for an invalid reason
• There was no probable cause for the officer to request a chemical or breath test
• The breath or chemical test that was given had invalid results
• The reason why you refused to take the breath or chemical test was legitimate
• There was no probable cause for the officer to assume that you were under the influence of drugs or alcohol while driving