Blogs from August, 2015

How Can I Fight My DWI Charge?


If you’ve been arrested for DWI in Brooklyn, you could be facing some very serious consequences. For first time offenders, a DWI conviction could send a person to jail for a year, cost them up to $1,000 in fines, and cause them to lose your driving privileges for 6-months. For those with prior DWI convictions, the penalties are even more severe.

For this reason, it is critical to fight your DWI charges by retaining an experienced Brooklyn criminal defense attorney. When you retain the Law Offices of Lowell J. Sidney, their lawyer will become a devoted advocate for your rights and freedom and will work tirelessly to craft a maximally effective DWI defense.

Three Common & Effective DWI Defenses

Challenging the Results of a Breathalyzer Test

Most people think of Breathalyzer tests as a reliable indicator of your blood alcohol content. While they can be very accurate under perfect circumstances, there are many reasons why they might show heightened BAC levels.

Some of the most common examples include:

  • The breathalyzer must be properly maintained or calibrated for accurate results
  • Certain health conditions can cause inaccurate readings
  • Mouthwash or similar alcohol-based hygiene products can cause false readings

There are many more reasons why the results from a Breathalyzer tests may be in accurate. If your Brooklyn defense attorney is able to bring the results of the test into question, they may be able to have the charges against you dismissed.

Disputing the Legality of the DWI Stop

With the exception of DWI checkpoints, the vast majority of DWI arrests occur following a routine traffic stop for a common infraction. Common reasons the police will stop you include speeding, driving recklessly, and failing to yield to a stop light or stop sign.

If the reason for the initial traffic stop was not legal, then in most cases any evidence related to the subsequent DWI investigation will be inadmissible. Without evidence, the state will have a very tough time creating an effective case against you. Even if your attorney can only get some evidence dismissed, this will still weaken the prosecution’s case.

Challenging the Results of a Blood Test

Blood tests are usually performed after the arrest at the police station, or at specialized vehicles which are often present at DWI checkpoints. These are considered to be the most accurate and reliable type of test for blood alcohol content, but they can still yield inaccurate results. In 2013, an error was discovered at a DWI testing lab in Orange County, California, which caused inaccuracies in more than 2,000 blood tests. An experienced Brooklyn criminal defense lawyer can often use expert witnesses to bring the results of a blood test into question on a number of technicalities.

Don’t face DWI charges alone. Call The Law Offices of Lowell J. Sidney today to secure his experienced counsel.

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