New York ranks among the toughest states in terms of DWI enforcement and penalties. A conviction can result in high fines, loss of license and even jail time. Beyond the court-imposed punishments, it can completely disrupt your ability to get to work and create a haunting criminal record. If you are charged, it’s imperative that you work with an experienced Canandaigua DWI attorney. At the Law Office of Richard C. Roxin, we are devoted to protecting your rights because your case matters.
The State of New York adheres to the widely used national blood alcohol content (BAC) threshold of .08 percent for drivers, .04 for commercial vehicle operators and .02 for drivers under 21 years old. That basically amounts to a trace of alcohol. One of the other things that makes drunk driving tougher in New York tougher is the enhanced charge of “aggravated” DWI. If your BAC tops .18 percent, law enforcement can upgrade the charges and the potential penalties. The state also operates under the “implied consent” rule, which means drivers agree to submit to testing by virtue of having a license to drive. Refusing a breathalyzer can trigger automatic penalties.
Although drunk driving charges carry significant penalties and social stigma, government prosecutors are not assured of a conviction. Overzealous police may exceed their authority when making traffic stops and requesting that you take sobriety tests. Failure to follow proper police procedure and other missteps can taint any evidence they plan to use against you.
The priority placed on police dash cam video may prove helpful to your case. If you pass a documented field sobriety test, the police cannot lawfully subject you to a breathalyzer. There are also numerous things that cause faulty BAC test results. These include:
- Inexperienced breathalyzer technicians can administer the test incorrectly.
- Alcohol-soaked food trapped in dental work can amp up BAC results.
- Police may not have conducted a lawful stop.
- Rising BAC levels from the time of stop to test.
- Health issues such as acid reflux and diabetes can create inaccurate results.
- Outdated equipment and malfunctions can skew accuracy.
With legal counsel to closely examine the case and surrounding circumstances, an experience Canandaigua DWI attorney can push to have improperly collected evidence excluded, petition the court to dismiss the charges or negotiate a reasonable plea agreement from a position of strength. If prosecutors won’t resolve the matter reasonably, we are prepared to see them at trial.
If you have been charged with DWI, contact the Law Office of Richard C. Roxin today.