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Unlike charges based on specific blood alcohol levels, driving while intoxicated (DWI) – New York VTL § 1192.3 focuses on observable impairment, which can make the evidence subjective and open to interpretation. A conviction can have lasting consequences for your personal and professional life, but it’s crucial to remember that being charged does not mean you are guilty.
The Kugel Law Firm is dedicated to protecting the rights of those accused of DWI in New York. We carefully evaluate the circumstances of your case, challenge the evidence, and work to develop a defense strategy tailored to your situation.
If you or a loved one is facing a DWI charge, contact The Kugel Law Firm today at (212) 372-7218. Speak with one of our top-rated New York DWI attorneys to take the first step in defending your rights and your future.
To convict a defendant of DWI under VTL § 1192.3, the prosecution must prove the following elements beyond a reasonable doubt:
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Gregory is pulled over by police after being observed swerving between lanes late at night. When the officer approaches the vehicle, they notice a strong odor of alcohol and that Gregory’s eyes are bloodshot. Gregory admits to having “a few drinks” at dinner. He fails multiple field sobriety tests, such as the walk-and-turn and one-leg stand. While Gregory submits to a roadside breath test, the device malfunctions and no BAC reading is recorded.
Gregory is charged under VTL § 1192.3 for driving while intoxicated based on the officer’s observations of his impaired behavior and failure to perform sobriety tests adequately. This scenario reflects cases where the charge is based on evidence of impairment rather than a confirmed BAC.
Several defenses may be considered when facing a DWI charge under § 1192.3:
It’s essential to recognize that the applicability of these defenses depends on the specific circumstances of each case. Consulting with an experienced DWI attorney is crucial to evaluate the details of the arrest and develop a tailored defense strategy.
Possible Defense Strategy | Description |
---|---|
Challenging the Traffic Stop | Argues that the officer lacked reasonable suspicion or probable cause to initiate the stop, which may lead to evidence being ruled inadmissible. |
Questioning Observational Evidence | Provides alternative explanations for signs of intoxication (e.g., medical conditions or fatigue), thereby undermining the reliability of the officer’s observations. |
Procedural Errors | Focuses on deviations from proper arrest or evidence collection protocols, potentially resulting in the suppression of evidence or dismissal of the charge. |
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The penalties for a DWI conviction under VTL § 1192.3 are serious and can escalate for repeat offenses. Below is an overview of the potential consequences:
It’s important to note that these penalties can be influenced by factors such as the presence of a child passenger (triggering Leandra’s Law), involvement in an accident, or refusal to submit to chemical testing. Additionally, other consequences may include mandatory attendance at a Victim Impact Panel, completion of an alcohol education program, and increased insurance premiums. It is crucial to consult with an experienced attorney to manage the legal process and mount an effective defense.
No person shall operate a motor vehicle while in an intoxicated condition.
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A conviction for driving while intoxicated under New York Vehicle and Traffic Law § 1192.3 can have life-altering consequences, including loss of driving privileges, financial penalties, and a permanent criminal record. However, with the right legal representation, it may be possible to challenge the evidence, negotiate reduced charges, or secure a favorable outcome.
At The Kugel Law Firm, we are committed to defending the rights of individuals facing DWI charges. We thoroughly analyze every detail of your case to identify weaknesses in the prosecution’s case and build a strong defense.
If you or a loved one has been charged with DWI, contact The Kugel Law Firm today at (212) 372-7218 for a confidential consultation and let us help you protect your future.
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