Long Island DWI Lawyer
Fighting Charges of Drunk Driving in New York
Because DWI is seen to be so dangerous, law enforcement is quick to pull
over suspicious drivers for a DWI investigation. Oftentimes, officers
can be a little too eager to arrest someone for intoxicated driving. If
you've been arrested on charges of DWI, you may have more grounds
for defense than you realize.
Why choose The Law Offices of Scott Gross, P.C. for DWI defense?
Attorney Scott Gross has the knowledge, training, and experience to defend
you against charges of drunk driving. He understands how field sobriety
tests and BAC tests should be conducted and can thoroughly investigate
the circumstances of your police stop to determine whether or not your
stop or arrest was unlawful.
He is also a former prosecutor and has a strong understanding of how your
opponent thinks. When you retain The Law Offices of Scott Gross, P.C.,
your lawyer will work to stay a step ahead of the prosecution in your case.
Here are some of the DWI issues that we can defend you against:
Unlawful Police Stops
Before an officer can make a DWI arrest, he or she must have valid grounds
to pull the suspect over for an investigation. Officers may not pull someone
over "just because;" they must have a valid reason to believe
that you may be intoxicated. Witnesses can call in tips to the police
department when they see a suspected drunk driver, which allows an officer
to make a lawful police stop. Otherwise, an officer can only pull you
over if they witness signs of intoxication themselves. These signs can include:
- Drifting over lane lines
- Excessive or erratic speed
- Ignoring traffic signs and signals
- Driving without headlights on
- Any other unusual driving behavior
If you were pulled over by an officer who had no grounds to do so, a skilled
Long Island criminal defense lawyer could build a strong case in your defense.
Police Misconduct in DWI Investigations
You could also have grounds for defense if your arresting officer made
a mistake while investigating you for intoxication. Standard field sobriety
tests (SFSTs) are often used by officers to test your motor skills and
divided attention abilities.
Tests such as the "walking the line," following the officer's
finger with your eyes, or standing on one leg while counting out loud
can help an officer determine whether or not you are truly intoxicated.
The problem is that these tests can be affected by fatigue, nerves, and
preexisting medical conditions. An officer must take great care to conduct
these tests correctly in order to make a correct judgment of your intoxication level.
Blood alcohol concentration (BAC) tests can also be mishandled by an officer.
Breathalyzer machines are delicate and must be properly calibrated before
each and every use. If your officer failed to calibrate the machine, give
you proper directions, or administer the breath test correctly, then the
readings could result in a false positive. Even a blood test can result
in a false positive if it is mishandled or contaminated in the lab.
Penalties for DWI in New York
The penalties for DWI in New York include a misdemeanor or a felony conviction
on your record, as well as a mark on your driving record. Your license
will be suspended and you will receive points on your record that may
result in further suspension or a revocation of your license. The penalties
for a first or subsequent DWI in New York are as follows:
- 6-month minimum license suspension
- 5 days - 4 years in jail or prison
- 1-year minimum license suspension
- 30 days of community service
Hire a Skilled Criminal Defense Attorney in Long Island
Act quickly if you have been arrested for driving while intoxicated. Our
experienced lawyer can begin investigating your case and building your
defense. The sooner you retain an attorney, the higher your chances are
of recovering your license and fighting your criminal charges.
Contact us today to schedule your
free case evaluation and get started!