Getting charged with a DWI in New York can be stressful and have serious consequences, but a dismissal may be possible depending on the details of your case. The legal system provides certain protections, and errors made during the stop, arrest, or testing process can sometimes lead to charges being dropped. The key is knowing what factors could lead to a dismissal and how to challenge the evidence against you. With the right legal strategy, you may be able to avoid the long-term impact of a conviction.
If you are facing a DWI charge in New York, having an experienced New York DWI lawyer on your side is essential. At The Kugel Law Firm, our team can review your case, identify possible defenses, and fight for a dismissal when possible. Our New York DWI attorneys can challenge improper police procedures, inaccurate test results, or lack of sufficient evidence to weaken the prosecution’s case. Don’t wait to take action—call (212) 372-7218 today to discuss your legal options and start building a strong defense.
Can a DWI Be Dismissed in New York?
DWI charges in New York can be dismissed, but securing a dismissal is not easy. Prosecutors must prove guilt beyond a reasonable doubt, and any weaknesses in their case present opportunities for a strong defense. A thorough investigation into the circumstances of the arrest can reveal critical errors that may lead to a case being dropped.
Common Reasons a DWI Case Might Be Dismissed in New York
Many DWI dismissals stem from proving something improper about the stop, arrest, or evidence collection. These are the major defense strategies that can lead to a case dismissal:
Illegal Traffic Stop (Lack of Reasonable Suspicion)
Law enforcement officers must have a valid reason to initiate a traffic stop, such as speeding, erratic driving, or a traffic violation. If an officer stops a driver without reasonable suspicion, the stop is unlawful, and any evidence gathered afterward can be suppressed. For example, if an officer claims to have stopped a driver for a broken taillight, but body camera footage shows the light was functioning properly, this can be used to argue that the stop was illegal. If key evidence is excluded, the prosecution may have no choice but to dismiss the case.
No Probable Cause for Arrest
Even if a traffic stop is legal, an officer must have probable cause to make an arrest for DWI. Probable cause typically comes from observable signs of intoxication, failed field sobriety tests, or breath test results. If there is insufficient evidence to justify the arrest, any subsequent evidence may be excluded, significantly weakening the case. For instance, if a driver was arrested solely based on the smell of alcohol without other signs of impairment, the arrest may be challenged as unlawful.
Inaccurate Field Sobriety Tests
Standardized field sobriety tests, such as the walk-and-turn or one-leg stand, are not always reliable indicators of intoxication. Various factors, including medical conditions, nervousness, poor lighting, and uneven road surfaces, can affect test performance. If these tests were improperly administered or deemed unreliable, the validity of the arrest may be called into question. Additionally, certain individuals, such as those with physical disabilities or balance issues, may fail these tests even when sober.
Faulty Breathalyzer or Blood Test Results
Breathalyzer and blood tests are commonly used in DWI cases, but they are not infallible. Machines must be correctly calibrated and maintained, and operators must follow precise procedures. Errors in testing, contamination of blood samples, or certain medical conditions (such as acid reflux or diabetes) can lead to inaccurate BAC readings. If a breath or blood test is found to be unreliable, the evidence may be suppressed, increasing the chance of dismissal. For example, if a breathalyzer machine was last calibrated months before the test, its results could be challenged as inaccurate.
Police Procedure Errors
Law enforcement officers must follow strict protocols during a DWI investigation. Failure to adhere to these procedures, such as not observing a driver for 20 minutes before administering a breath test or failing to document the chain of custody for evidence, can create grounds for dismissal. Any deviation from required procedures can weaken the prosecution’s case. This is particularly important in cases where officers neglect to properly inform a driver of their rights or mishandle crucial evidence.
Lack of Evidence of Vehicle Operation
New York law requires proof that the accused was actually operating the vehicle while intoxicated. If a driver was found parked and intoxicated without evidence of recent driving, the prosecution may struggle to prove operation. Courts have dismissed cases when there is no clear proof that the driver was in control of the vehicle at the time of impairment. This is particularly relevant in cases where a driver was found asleep in their parked car with the engine off.
Speedy Trial Violations
New York law requires that prosecutors be ready for trial within a set period, 90 days for misdemeanor DWI cases. If prosecutors fail to meet these deadlines without justification, defense attorneys can file motions to dismiss based on the right to a speedy trial. This procedural defense does not rely on challenging the evidence but instead focuses on legal time constraints. If a case drags on due to delays by the prosecution, the charges may be dismissed entirely.
How an Experienced New York DWI Attorney Can Assist in Getting Your Case Dismissed
Hiring an experienced New York DWI lawyer is perhaps the most important step in fighting a DWI. A seasoned attorney brings legal knowledge and practical strategies that greatly increase your chances of a dismissal:
- Case Evaluation and Defense Strategy: A DWI lawyer will analyze your case for weaknesses, reviewing police reports, breathalyzer maintenance records, bodycam footage, and witness statements to find grounds for dismissal, such as an improper stop, lack of probable cause, or testing errors.
- Challenging Evidence in Court: Your attorney can file motions to suppress evidence obtained unlawfully. If key evidence, such as breathalyzer results, is thrown out, the prosecution may be forced to dismiss or reduce the charges.
- Knowledge of Procedural Rules and Technicalities: A skilled DWI lawyer will track trial deadlines, analyze officer conduct, and leverage technical knowledge of field sobriety tests and BAC testing to uncover weaknesses in the prosecution’s case.
- Negotiating Lesser Charges: If a dismissal isn’t possible, an attorney may negotiate for a plea bargain, reducing the charge to a lesser offense such as DWAI or reckless driving to minimize penalties.
- Representation at Trial: If necessary, a DWI lawyer will provide a strong courtroom defense, cross-examining witnesses and challenging the prosecution’s claims to establish reasonable doubt.
A dedicated DWI attorney is often the key to securing a dismissal or the best possible outcome in your case.
| Role of a New York DWI Attorney | Description |
|---|---|
| Case Evaluation and Defense Strategy | Reviews case details to find weaknesses, such as improper stops or testing errors. |
| Challenging Evidence in Court | Files motions to suppress unlawfully obtained evidence, potentially leading to dismissal. |
| Knowledge of Procedural Rules and Technicalities | Uses legal expertise to identify flaws in field sobriety and BAC testing. |
| Negotiating Lesser Charges | Works to reduce charges to a lesser offense like DWAI or reckless driving. |
| Representation at Trial | Provides courtroom defense, cross-examines witnesses, and challenges prosecution claims. |
What to Do If You’re Stopped or Arrested for DWI in NY
Your actions during and after a DWI stop can significantly impact your defense. Making informed decisions at the scene and in the aftermath can set the stage for a strong legal case and potential dismissal. Law enforcement officers are trained to gather evidence against you, so knowing your rights and acting carefully can prevent mistakes that might hurt your case.
Stay Calm and Polite
Being pulled over is stressful, but how you react matters. Officers observe your behavior from the moment they signal you to stop. Avoid sudden movements, keep your hands visible, and comply with basic requests such as providing your license and registration. If you appear anxious, fidgety, or overly defensive, it may raise suspicion. Acting aggressively or arguing with an officer can escalate the situation and even lead to additional charges such as resisting arrest or obstruction of justice. Maintaining a respectful and composed demeanor can help prevent unnecessary complications.
Exercise Your Right to Remain Silent
You are not legally required to answer questions about alcohol consumption. If an officer asks, “Have you been drinking?” or “Where are you coming from?” politely decline to answer without a lawyer present. Anything you say can be used against you in court, even if it seems harmless at the time. Simply stating, “I prefer not to answer any questions without my attorney,” is an effective way to protect yourself without appearing confrontational. While you must provide your identification and comply with lawful commands, you do not have to engage in self-incriminating conversation.
Request a Lawyer Immediately
If you are arrested, clearly and explicitly request legal counsel. Say, “I want to speak to an attorney.” Once you make this request, law enforcement must stop questioning you. However, officers may continue trying to engage you in conversation, hoping you’ll say something incriminating. Do not answer further questions, sign any statements, or agree to anything until you have spoken with a DWI defense attorney. A lawyer can advise you on the best course of action based on the specifics of your case and ensure that your rights are protected.
Document Everything
As soon as you are able, write down every detail you remember about the traffic stop and arrest. Include the time, location, weather conditions, the reason the officer gave for stopping you, and your interactions with law enforcement. Did the officer conduct field sobriety tests? If so, were they performed on level ground, or were there other conditions that may have affected the results? Did you feel pressured into making statements? If there were passengers, bystanders, or security cameras nearby, these might serve as valuable witnesses or sources of evidence. Any inconsistencies or errors in the officer’s conduct may provide grounds for challenging the case in court.
Will a Dismissed DWI Still Appear on Your Record?
No, if your DWI charges are dismissed in New York, they will not appear on your public record. Under NY Criminal Procedure Law § 160.50 (2019), when a criminal charge is dismissed, the court orders the records associated with the case to be sealed. This means they are no longer accessible to the public, including potential employers, landlords, and most background check services.
However, sealing does not mean complete erasure. Certain government agencies and specific entities outlined in § 160.59(9) may still access these records under limited circumstances. For example, if you apply for a firearm license, law enforcement agencies conducting a background check may be able to review your sealed DWI records. In most other situations, a dismissed DWI will not affect your future opportunities.
Can You Get Your License Back After a Dismissed DWI?
It depends on the circumstances. If your driver’s license was temporarily suspended while your DWI case was pending, you can typically have it reinstated once the charges are dismissed. You will need to provide proof of the dismissal to the New York Department of Motor Vehicles (DMV) to restore your driving privileges.
However, there are exceptions. One significant exception is if your license was suspended or revoked due to refusing a chemical BAC test. In New York, refusing a breath or blood test is a separate civil offense with its own penalties, including an automatic license suspension or revocation, regardless of the outcome of your DWI case. Even if your DWI charges are dismissed, a suspension for chemical test refusal remains in effect, and you may need to take additional steps, such as a DMV hearing or completing a driver safety program, to regain your license.
Get Experienced Legal Help from The Kugel Law Firm
A DWI charge in New York can be challenging, but dismissal is possible with the right legal approach. From questioning the validity of a traffic stop to challenging breathalyzer accuracy and procedural errors, there are many ways to fight the charges. Every case is unique, and having an attorney who understands the complexities of New York DWI law can make all the difference.
If you’re facing a DWI in New York, don’t take chances with your future. The Kugel Law Firm is committed to providing skilled legal representation to help you seek a dismissal or a reduced charge. Contact us today at (212) 372-7218 for a consultation and take the first step toward protecting your rights, your license, and your future.
