Here are some of the best ways to get a DWI charge dismissed in New York:

• Plea bargain: The prosecutor may drop a more serious DWI charge in exchange for the defendant pleading guilty to a lesser offense. This is more likely to happen if there are no other aggravating factors.
• Insufficient evidence: The defendant may be charged with insufficient evidence, or there may not be enough evidence to convict them.
• Police Procedural mistakes: The defendant may be able to use procedural mistakes that negate the evidence.
• Improper stop: The defendant may be able to defend against a DUI by proving that there was no reason for the traffic officer to make the stop.
• No probable cause: The defendant’s charge may be dismissed if it is determined that the officer did not have probable cause to arrest them.
• ChallengingTest results: If the defendant failed field sobriety tests or submitted to a chemical test that can be successfully challenged for accuracy, all those test results are suppressed.
• Rising blood alcohol content: The defendant may be able to use a rising blood alcohol content defense to dismiss the charges entirely. 

Other effective ways to get a DWI charge reduced in New York include:

• Reducing the charge to a DWAI (Driving While Ability Impaired)
• Reducing the charge to a traffic violation 

Some other proven tips for beating a DWI include:

• Remembering every detail of the traffic stop, including the events that occurred and the order in which they took place
• Smiling, as you’re on camera
• Calling a criminal defense lawyer right away
• Speaking to an experienced local attorney

If your DWI charges are dismissed, you can petition the court to have the arrest expunged from your record.

When Charged With DWI in New York, Know Your Best Defense Options to Dismissal

Fighting to beat a recent DWI charge in New York can be overwhelming without expert guidance. However, don’t resign yourself to the worst or think you must plead guilty for a slighly lighter sentence.

Free local DWI help is available with an arrest review by skilled attorney in the area who will analyze your case details, and then be in a properly informed position to inform you of your best defense options to have charges thrown out or reduced.

As leading Board Certified DWI lawyer specialists with FightDUICharges, our top local attorneys have seen countless cases where seemingly hopeless situations turned into victories.

This local program guide below, packed with our over 26 years of firsthand NY DWI lawyer expertise, will equip you with the knowledge and options to navigate this challenging time and potentially get your DWI charge dismissed.

Top 5 Ways Your Lawyer Can Help You Get Out of a New York DWI

1. Challenging the Stop: Did the police officer have a valid reason to pull you over in the first place? If not, any evidence obtained after the stop, like field sobriety tests or breathalyzer results, could be suppressed and deemed inadmissible, potentially leading to dismissal.

Case Example: In a recent case, a client was pulled over for a “faulty taillight.” Upon investigation, it was discovered the taillight functioned perfectly. The judge ruled the stop was unlawful, and all subsequent evidence was excluded. The DWI charge was dismissed.

2. Raising Concerns about Field Sobriety Tests: These tests are notoriously subjective and prone to error. Your lawyer can analyze the officer’s observations and administration of the tests to identify potential flaws, casting doubt on their validity and potentially leading to suppression of the results.

Case Example: Our client was arrested after failing a field sobriety test. However, we discovered the officer failed to properly instruct him on the test procedures, violating his constitutional rights. The judge ruled the test results inadmissible, and the prosecutor offered a reduced charge of reckless driving.

3. Questioning Breathalyzer Accuracy: Breathalyzers can be affected by various factors, including medical conditions and environmental influences. Your lawyer can investigate these factors and challenge the accuracy of the breathalyzer results, potentially leading to dismissal or reduced charges.

Case Example: Our client, a diabetic, was arrested with a high breathalyzer reading. We obtained medical records showing his diabetic condition could have skewed the results. The prosecutor accepted a plea bargain for a lesser charge without driver’s license suspension.

4. Procedural Errors by the Police: Any procedural mistakes by the arresting officer, such as improper Miranda warnings or failure to follow protocol during arrest, can weaken the prosecution’s case and potentially lead to charges getting thrown out.

Case Example: A client was not informed of his Miranda rights during the arrest. We used this procedural error to challenge the admissibility of his statements, ultimately leading to a dismissal of the DWI charge.

5. Negotiating with the Prosecutor: Even if dismissal isn’t achievable, your lawyer can negotiate with the prosecutor to reduce the charges or minimize the penalties. This could mean avoiding driver’s license suspension, jail time, or hefty fines.

Remember: Don’t underestimate the power of a top-rated DWI lawyer! Even if you think you can’t afford one, many inexpensive attorney options exist. Look for trusted lawyers in the area who offer cheap payment plans or free DWI attorney consultations to ensure you get the legal representation you deserve.

This is just a glimpse into the various ways your lawyer can help you fight your New York DWI charge to get dropped. Every case is unique, and the specific strategies used will depend on the details of your situation.

Don’t wait – take action today! Contacting a top local DWI lawyer for a free arrest review is the best way to understand your options, and build a strong defense to get out of the charges with a case thrown out in court.