Riparius, NY DWI and DUI Law Firms & Lawyers

If you were arrested for DUI, you suffered an automatic suspension of license. You appealed and lost if you couldn?t show no legal grounds or basis for arrest. Your remedy now is an expensive Writ proceeding to the appeals courts. To succeed it will require a showing the DMV hearing officer made a material mistake of fact or law that would otherwise have changed the ruling.

While DWI cases often seem skewed in favor of the prosecution, there is some chance that an assertive defense showing that too few Field Sobriety tests were completed, and that for physical reasons you could not perform one of them, might be helpful in challenge the grounds for the arrest. Some counties are tougher, some easier, on dropping DWI down to Reckless Driving, but it can be accomplished at least some of the time. Please keep in mind that if the cop has grounds to believe you were driving while impaired by alcohol, you can still be charged, even if the chemical tests are suppressed.

Yes. The issue is whether you intended to drive while intoxicated. Thus, if a person is sitting in the driver seat with the key in the ignition and is drunk, the police can charge that person with Driving While Intoxicated. The person did not actually have to be driving or seen driving. The case could be brought for a jury to decide.