In order for a person to be convicted of DWI, the state must either prove beyond a reasonable doubt that the law enforcement officer had probable cause to stop their vehicle and they were under the influence of alcohol or drugs when tested or the defendant has to admit to the charges. Many people who are arrested for DWI just want the case to be over and will admit to the charges because they aren’t aware of their rights. This is why hiring a DWI Attorney in Carmel NY before entering a plea is so important. The consequences of a conviction can extend for years. It simply isn’t worth it to admit to something before you are proven guilty.
Probable cause is very important in drunk driving cases. Law enforcement officers cannot simply stop drivers on the road and ask them to submit to the alcohol or drug testing without having a good reason. They must be able to show the court why they pulled you over. Some common reasons for stopping a vehicle include failure to stop at a stop sign or red light, weaving and speeding. If someone else was in the vehicle with you and can testify that you were driving safely, the officer may need to provide actual evidence.
Another problem with DWI cases is the method of alcohol testing used is not always reliable. Breathalyzer machines must be calibrated regularly to ensure they provide accurate readings. Your DWI Attorney in Carmel NY may request the maintenance records for the device used to determine whether your blood alcohol level was above the legal limit. If the results for the device are not reliable, the state might need additional evidence to prove your guilt.
Essentially, it is not necessary to plead guilty to a drunk driving charge that result in fines, suspension of your driving privileges and even time in jail. You have the right to a trial and to force the state to prove you were driving while intoxicated. Visit Spain & Spain PC to learn all the ways an experienced attorney might be able to help you avoid a conviction in a DWI case.
