Driving while intoxicated (DWI) is a serious criminal offense that can have severe consequences, such as loss of driving privileges, hefty fines, and even jail time. If you are facing a DWI charge in Rochester, New York, it is essential to understand the common defenses available to you. This blog post will discuss some of the defenses that you can use in your Rochester DWI case.
Challenging the Traffic Stop
One of the most common defenses in a Rochester DWI case is to challenge the traffic stop that led to the arrest. Law enforcement officers must have probable cause or a reasonable suspicion that a driver is committing a traffic violation or a crime to stop a vehicle. If the officer did not have a valid reason to stop your car, any evidence obtained after the stop may be inadmissible in court.
Contesting the Field Sobriety Tests
Field sobriety tests, such as the walk-and-turn test and the one-leg stand test, are commonly used by law enforcement officers to determine if a driver is impaired. However, these tests are not always accurate, and there may be various reasons why a driver may fail them, such as medical conditions or environmental factors. A skilled DWI defense attorney can challenge the validity of these tests and argue that they do not accurately reflect your level of impairment.
Disputing the Breathalyzer Test Results
Breathalyzer tests are commonly used to measure a driver’s blood alcohol concentration (BAC). However, these tests are not always accurate, and there may be various factors that can affect the results, such as medical conditions or improper use of the device. A DWI defense attorney can challenge the accuracy of the breathalyzer test results and argue that they should not be used as evidence in your case.
Arguing the Police Misconduct
In some cases, law enforcement officers may engage in misconduct during a DWI stop, such as conducting an unlawful search or seizure or using excessive force. If you believe that the police engaged in misconduct during your arrest, you can argue that any evidence obtained during the stop should be suppressed.
Demonstrating the Necessity Defense
In rare cases, a driver may argue that they had no other choice but to drive while intoxicated. For example, if you were driving to take a critically ill family member to the hospital, you may argue that you had no other choice but to drive, and that driving while intoxicated was the lesser of two evils.
Introducing the Rising Blood Alcohol Defense
Another potential defense in a Rochester DWI case is the rising blood alcohol defense. This defense argues that at the time of the traffic stop, the driver was not intoxicated, but rather their blood alcohol level rose between the time of the traffic stop and the breathalyzer test. This can happen if a driver has been drinking alcohol recently, and their body has not yet fully absorbed it. An experienced DWI defense attorney can present evidence to support the rising blood alcohol defense, such as eyewitness testimony or medical records.
Arguing Violation of Miranda Rights
If you were not informed of your Miranda rights during your DWI arrest, your attorney may argue that your rights were violated. Miranda rights include the right to remain silent and the right to an attorney, and law enforcement officers must inform you of these rights before questioning you. If the police did not read you your Miranda rights, any statements or evidence obtained during the interrogation may be inadmissible in court.
Proving an Invalid Arrest or Search Warrant
If the police made an arrest or conducted a search without a valid warrant, your attorney can argue that the evidence obtained during the arrest or search is inadmissible. Additionally, if the warrant was issued based on false or misleading information, the evidence obtained may also be inadmissible.
Demonstrating Medical Conditions
Certain medical conditions can cause symptoms similar to those of intoxication, such as slurred speech, poor balance, and impaired motor skills. If you have a medical condition that may have caused these symptoms, such as a neurological disorder or diabetes, your attorney can present medical evidence to support your defense.
Friedman & Ranzenhofer, PC is a law firm with experienced criminal defense attorneys who are familiar with the common defenses in Rochester DWI cases. Our attorneys can provide you with the legal representation you need to protect your rights and achieve a favorable outcome in your case.
Our attorneys can help you challenge the traffic stop by examining the circumstances leading up to your arrest and determining if the police had probable cause or reasonable suspicion to stop your vehicle. We can also help you dispute the field sobriety and breathalyzer tests by examining the testing procedures and identifying any errors or inaccuracies that may have affected the results.
If there was police misconduct during your arrest, such as an unlawful search or seizure, our attorneys can argue that any evidence obtained during the stop should be suppressed. We can also help you demonstrate the necessity defense if you had no other choice but to drive while intoxicated.
Our attorneys can present evidence to support the rising blood alcohol defense if your blood alcohol level rose between the time of the traffic stop and the breathalyzer test. We can also argue that your Miranda rights were violated or that there was an invalid arrest or search warrant.
If you have a medical condition that may have caused symptoms similar to those of intoxication, our attorneys can present medical evidence to support your defense.
At Friedman & Ranzenhofer, PC, we understand that facing a DWI charge can be a stressful and overwhelming experience. That is why we are committed to providing our clients with the highest quality legal representation and personalized attention. Contact us today to schedule a consultation and learn more about how we can help you with your Rochester DWI case.