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Top 3 NYC DWI Defenses

Top 3 DWI or DUI defenses in New York, NY are:
  1. No signs of intoxication
  2. No probable cause (PC) or reasonable suspicion (RS) for the traffic stop
  3. Not in physical control of the vehicle 

DWI DUI Breath Refusal
Have you or someone you love been arrested for refusing to blow or provide a breath sample? 

Possible Defenses: 
- physical condition inconsistent with intoxicated
- and appearance was due to another factor, i.e. tired, long work day, etc.
- lack of balance and coordination due to being tired
- manner of speech was normal 
- Incapable of providing breath sample due to medical reasons
- refused to give sample because worried over machine's accuracy 
- language barrier 

DWI / DUI Checkpoint
DWI DUI checkpoints can't target a person. Can't stop vehicle for legally avoiding the checkpoint

Possible Defenses: 
- Checkpoint was not applied equally to all drivers
- Failure to follow protocols and procedures  
- Missing video of the stop
- Checkpoints require more than one officer and a possible defense could be confusion on what task each officer performed
- language barrier
Sample of Breath, Urine, Saliva over 0.08
Arrested for DWI / DUI in NYC? Did you provide a sample of your breath, urine or saliva? Were the results over the legal limit of .08?  

Possible Defenses:
- The time it took to provide a sample 
- The qualification of the person obtaining the sample
- The maintenance of the machine used to administer the test 
- The quality of the sample obtained

Call Today (646) 580-9NYC (9692)
646-580-9296
EMAIL: info@defenselaw.nyc

Useful Resources/ Websites: 
  • Official NY State Criminal Jury Instructions
  • Official NY State Vehicle and Traffic Laws VTL
  • Official NY State Driving While Impaired DWI DUI Jury Instructions

DWI Breath Refusal 
DWI Check Point
Sample Over .08

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Best DWI lawyer In NYC

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646-580-9692
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New York, NY 10036