While DUI, also known as driving under the influence, is a common term in most states New York generally does not use the phrase. The main drunk driving offenses in New York are DWI and DWAI. DWI or driving while intoxicated refers to being legally drunk (having a blood alcohol content of .08%). DWAI or driving while ability impaired is specific to whatever substance is impairing the driver be that alcohol, legal or illegal drugs.
No one wants to be stopped by a police officer or worse, get arrested. Especially for a NY DWI/DUI or DWAI charge. Having a lawyer’s advice to avoid violation of your rights is vital. Most people fail to realize breach of their rights which can prove useful in your quest to fight DWI or DUI charges leveled against you in court. You stand higher chances of winning a case once your attorney establishes that your rights are being violated.
How to Determine if Your Rights Were Violated
Illegal Stop of a Driver
If you were ordered to pull over by an officer despite no discernable violation of law, this could serve as a defense to reduce your charge
Any illegally obtained evidence including from improper search cannot be used in any NY DWI case. Police are barred by the law to subject a suspect to a physical search of their person or vehicles for minor traffic offenses without the driver consenting to such searches.
Appearance of Reckless Driving
Swerving, due to debris on the road or poor weather conditions can appear as though you are operating your vehicle while under the influence. You can avoid becoming a suspect by taking an NY defensive driving course to help you increase vehicle control under the harsh environmental conditions.If you reside or have received DWI/DUI charges in the state of New York, they can be significantly reduced by showing an infringement on your right as a citizen. Always have an attorney to prove your innocence.