Brooklyn DWI Defense: Strategies for Defending Out-of-State Drivers

In Brooklyn, a driver who is charged with DWI is one who was operating a vehicle while under the influence of drugs or alcohol. For different drugs, impairment is assessed in various ways. But for alcohol, it means the driver breaks the law and can be charged with DWI if their blood alcohol content (BAC) is .08% or higher. However, even if their BAC is below .08%, they can still face charges if they are visibly impaired. For drivers under 21 or commercial drivers, stricter limits apply.

If convicted of DWI offenses in Brooklyn, such drivers can face heavy penalties, license suspension, and even jail time. Drivers convicted of alcohol-related crimes must pay an obligatory fee of $400 for felonies and $260 for misdemeanors. First-time offenders must install ignition interlock devices on cars they own or control. However, they may be able to get a conditional license to continue driving to work.

This device must be updated for severe offenders during probation and revocation periods. If the driver is found guilty of a second violation or does not follow the terms of their sentence, their license may be revoked.

Nonetheless, a solid DWI defense can significantly impact how their case turns out. Therefore, anyone facing DWI accusations must be aware of the tactics that may be used to create a strong defense.

 DWI Defense Strategies for Out-of-State Drivers

• Challenging the Traffic Stop

Challenging the traffic stop’s purpose is one of the most popular defenses against DWI accusations. To pull the person over, police must have a good cause. Your case can be dismissed if the officer did not have a good reason to believe you were breaching the law. This defense may be used if you were pulled over without swerving, speeding, or violating any traffic regulations.

• Questioning Field Sobriety Tests

The walk-and-turn, one-leg stand, and horizontal gaze nystagmus (HGN) tests are examples of field sobriety tests that can be unreliable. Your performance on these tests might be impacted by several things, such as bad weather, unclear instructions, or health concerns. The prosecution’s case against you may be weakened if a professional criminal defense lawyer claims the tests were unreliable.

• Problems with the Breathalyzer Test

Your BAC is frequently measured with Breathalyzer testing. These gadgets are not without fault. False readings can be caused by human mistakes, poor maintenance, improper calibration, or medical disorders such as acid reflux. These problems can be used to claim the findings are erroneous.

• Lack of Reliable Evidence

The prosecution must establish its case beyond a reasonable doubt to get a DWI conviction. You can claim that the evidence is dubious at best if there is insufficient evidence, the officer’s views were doubtful, or if necessary, evidence was mishandled. A reasonable doubt is typically raised by inaccurate or questionable evidence, which can result in an acquittal or the charges being dropped.

• Rising Blood Alcohol Levels

Between the time of the traffic stop and when the police give the breathalyzer test, a driver’s blood alcohol content (BAC) may occasionally increase. Your blood alcohol content may have been below the legal limit when you were really driving since alcohol takes time to enter the system. You can use this argument to demonstrate that you were not intoxicated when arrested.

Hire a Brooklyn DWI Defense Attorney

Any lawyer may create a defense, but you need a Brooklyn DWI defense lawyer with experience in battling prosecutors and litigating DWI defense cases. Choosing the appropriate DWI defense lawyer has a significant impact on the result of your case.

Our criminal defense attorney, Scott G. Cerbin, Esq., a dedicated attorney with protean experience in DWI cases will help you navigate the complexities of your DWI cases. For more information on how we can defend you, contact us immediately to arrange a free consultation.

Diabetes is a fairly common but serious health condition that up to 10% of people in the United States have per the CDC. This condition occurs when the body quits producing enough insulin to control blood sugar levels after eating a meal high in carbs or sugar. Unregulated blood glucose can cause irreversible damage to the heart, circulatory system, kidneys, feet, and may even cause death.

But that’s not all – poorly controlled blood sugar levels also increase your risk of a DUI arrest. Keep reading to find out what you can do if you’re a diabetic and were pulled over by police who falsely arrested you for intoxicated driving.

Low Sugar Levels Can Manifest the Same Way As Being Intoxicated

Glucose reserves can drop in a diabetic, leaving them feeling weak, confused, and lethargic. If they are using a vehicle when this happens, it could end up resulting in a drunk driving arrest. Despite breathalyzer results that are negative for alcohol, a person might still be arrested if they fail one or more sobriety tests in the field.

If You Have Hyperglycemia, Your Breathalyzer Could Be Positive For Alcohol

Hypoglycemia is just one concern for diabetics who drive. Another is hyperglycemia, or high blood sugar. When sugar levels rise, the body produces alcohols that can trigger a breathalyzer. Additional symptoms of hyperglycemia that could be misconstrued for impairment include excessive urination and thirst, sweet-smelling breath, and being slow to respond.

Safety Precautions Drivers With Diabetes Can Take

Here’s what people who struggle with diabetes can do to lower the likelihood of a DWI arrest:

• Check your glucose before leaving the house.
• Make sure you have access to glucose and insulin when you are out of the house.
• Pull over if you think your glucose levels might be too low or too high.
• Monitor your glucose levels and administer medications as needed to control the reading until it stabilizes and you are able to drive again.
• If your vehicle is stopped by the police, let him know that you are diabetic.

When to Call a Criminal Defense Attorney

New York criminal defense attorney Scott Cerbin is available now to help you and your family after a devastating drunk driving charge. Call today to schedule a consultation to discuss your case details by dialing 718-596-1829. Our team of legal professionals can help you now.

Alcohol Treatment Programs

The State of New York takes DWI charges seriously and a number of penalties can be imposed, including but not limited to jail time, fines, and an alcohol treatment program. In some cases, your defense lawyer may be able to negotiate the reduction of your sentence if you agree to attend an alcohol treatment program. Here’s what to anticipate if you do.

Expect to Undergo an Assessment

Before your sentencing, you can expect to be subjected to comprehensive alcohol and drug assessment by a certified counselor. Your driving record, previous criminal history, blood test results, and other important data will be reviewed in addition to your interview with the counselor.

A Clinician Will Then Make a Treatment Recommendation to the Court

Next, the certified counselor who conducted your initial alcohol assessment will make a treatment recommendation to the judge presiding over your case. This may include what type of treatment program the counselor believes will be the most effective, along with where the treatment center is located and how long the program should last for based on your unique needs.

Expect to Have Mandatory Alcohol and/or Drug Counseling

In almost all cases, the judge will incorporate the certified counselor’s recommendations into your final verdict, meaning that whatever counseling program they have suggested is what you’ll be legally mandated to complete. Depending on how serious your DWI was, the class could last for months or more.

What If You Fail to Comply with Court-Ordered Treatment?

It’s absolutely in your best interest to attend your court-ordered DWI alcohol treatment classes without missing any if you can help it. If you fail to comply, you may find yourself back in court for violating your probation and facing resentencing to a harsher penalty, like jail time if you were able to avoid it initially.

How a Seasoned Queens DWI Attorney Can Help Your Case

Were you pulled over and charged with a DWI in Queens? New York takes driving under the influence very seriously and if convicted, you could face lifelong consequences. It’s in your best interest to contact an experienced DWI lawyer before offering any kind of statement to law enforcement officers. You have the right to call your attorney as soon as is reasonable after your arrest and is something you should invoke at your earliest opportunity.

Can You Challenge Your DUI/DWI Charges In Brooklyn?

Challenging a DUI/DWI starts with examining the evidence behind the traffic stop. An attorney should question whether or not the police officer had any cause to pull you over, or if the stop was invalid. Here’s why that’s important and how an invalid traffic stop may impact your DUI/DWI case. 

What Probable Cause Is and Isn’t

Identifying whether or not a police officer had probable cause to pull you over in the first place is crucial. If the officer had no probable cause, it’s possible that the case may be dismissed entirely on that fact alone. At the very least, some evidence from the stop — such as field sobriety testing and breath testing — may be suppressed. 

Some officers will pull over a vehicle based on the idea that they must be drinking and driving, especially if the driver is exiting the parking lot of a restaurant that serves alcohol, a liquor store, or a bar. Or, the officer may spot the vehicle weaving some inside his or her own lane. Although these are popular reasons officers pull over DUI/DWI suspects, they are not in and of themselves sufficient probable cause to do so. 

True probable cause includes but is not limited to: 

• Expired registration/tags 
• Broken taillight or headlight 
• A driver who weaves outside his or her own lane, crossing the white or yellow lines 
• A driver who breaks a traffic law, such as speeding or failure to yield 

You’ve Been Illegally Stopped and Arrested — Now What? 

If you are arrested for a DUI/DWI, even if you were stopped illegally, you must follow the instructions of the police officer. You do not have any right to resist arrest under any circumstances, even if you believe the traffic stop was invalid. 

You do have the option to decline a field sobriety test, but driving equals implied consent to chemical testing. This means that you must submit to a blood or breath test if the officer requests it — if you do not wish to suffer automatic consequences like losing your license. If you’re arrested after an invalid stop, the best course of action is to remain silent and take mental notes of everything that occurs from the point of your stop to your booking and provide that information to an experienced DUI/DWI lawyer. 

Call Cerbin Criminal Defense Today 

If you’ve been arrested for a DUI/DWI, you may be able to challenge the entire stop on the basis of a lack of probable cause. Contact us for more information.

A DWI Arrest Is An Unexpected Event

A DWI arrest can catch you off guard and change your future in a matter of minutes. It is important to understand that you do have rights. You need to be familiar with the process and what exactly it is that you can and cannot do during the course of a DWI Stop.

What Can I Do If I Am Stopped For A DWI In Brooklyn?

• It is your right to refuse a Field Sobriety Test.
• You do not have to take part in a chemical test and can refuse it. Keep in mind that refusal does come with some penalties, namely, license suspension.
• Wait for a lawyer before submitting to any questioning.
• Not facilitate a search of your motor vehicle. You can deny access if law enforcement doesn’t have a probable cause to search your car.

What Not To Do During Your DWI Stop

• Not provide law enforcement with your drivers’ license or identification.
• If law enforcement decides to arrest you, do not resist the arrest.
• Refuse to let law enforcement search your car if they indicated that they have probable cause to do so.

What You Should Do During a DWI Stop

• Remain cordial should you decline to answer questions without an attorney.
• Not consent to a field sobriety test as the results can be inaccurate and may hurt your case later.
• If you submit to testing, as for a split test. This will allow you to retrieve the second vial of your blood for outside examination and testing at a lab of your own choice and at your own expense.
• You can cordially and kindly decline to have your vehicle searched.

What You Should Not Do During a DWI Stop

• Do not volunteer information. Often one will speak openly and unfiltered out of nervousness and you do not need to answer questions that can later be used against you.
• You can refuse a field sobriety test or chemical test on the road and ask for hospital or police station testing instead.
• Do not be belligerent to law enforcement officers as that behavior can lead to grave consequences or serious charges later.
• You do not have to submit to a vehicle search. You can calmly ask what the probable cause is and should law enforcement persist, remain calm and be sure to state that you have not consented to the search but by no means resist as that can escalate into yet another set of circumstances.

When to Contact an Attorney

On day one, immediately following the arrest, you need to speak to a criminal defense attorney. Do not delay as you will need experienced and veteran criminal defense legal guidance to ahead of your charges as soon as possible.