Facing a DWI charge can be overwhelming, especially when the consequences threaten your future. However, understanding that your case may involve unique factors—such as a medical condition, the timing of alcohol absorption, or even errors by law enforcement—can offer hope. By carefully exploring every angle, you can regain a sense of control, knowing that with the right defense strategy, the outcome of your case is not predetermined. Your path to relief begins with understanding your options.
In this article, we will cover:
Medical conditions can significantly affect the accuracy of a DWI charge and provide valid grounds for a defense. For example, dentures can trap alcohol, food particles, or other substances that might be mistaken for alcohol during a breathalyzer test. This can lead to false readings where mouth alcohol, rather than blood alcohol concentration (BAC), is detected.
Gastroesophageal Reflux Disease (GERD) is another condition that can cause alcohol from the stomach to enter the breath due to acid reflux. This can result in inflated breathalyzer readings that don’t accurately reflect your true blood alcohol level.
Additionally, factors such as body temperature, gender, and ethnicity can influence breathalyzer results. For instance, breathalyzers are typically calibrated for average body temperatures, but individual variations—such as a fever—may lead to inaccurate readings. Similarly, alcohol metabolism rates differ based on factors like body size and gender, further complicating the accuracy of breath tests.
Because of this, it’s crucial to disclose any relevant medical conditions to your attorney. An experienced DWI attorney can investigate how these factors may have affected your breathalyzer results and use this information to challenge the accuracy of the evidence.
Rising blood alcohol concentration (BAC) is a nuanced legal defense often used in DWI cases. It hinges on how alcohol is absorbed into your system and how your BAC changes over time, which can differ from the BAC measured at the time of the chemical test.
When you consume alcohol, it doesn’t immediately enter your bloodstream. The absorption process can take 20 minutes to an hour or longer, depending on factors such as whether you’ve eaten recently. This defense argues that if you consumed alcohol shortly before driving, your BAC may have been lower when you were behind the wheel than it was when the chemical test was conducted.
For instance, if you had a drink at noon and were stopped by the police at 12:30 p.m., they might conduct a preliminary breath test that shows an elevated BAC. However, in New York and many other states, results from preliminary breath tests at the scene are not admissible in court. If you were then formally tested at the police station at 1:15 p.m., your BAC could be significantly higher due to the additional time it took for the alcohol to be fully absorbed into your bloodstream.
While the formal test result is what counts in court, it may not reflect your BAC while you were actually driving. This defense is often supported by retrograde extrapolation, a scientific method used to estimate your BAC at the time of driving based on the later test results. Demonstrating that your BAC was below the legal limit while driving, even if it rose later, can be a powerful tool in challenging the prosecution’s case.
By thoroughly investigating every detail—from medical conditions to the timing of alcohol consumption—your defense strategy can become much stronger, giving you a better chance at a favorable outcome.
Attorney Randall Inniss of The Inniss Firm, PLLC in New York is a highly skilled criminal defense attorney with extensive experience handling complex DWI cases. He has successfully defended countless clients facing serious charges and understands the complexity of DWI law, from challenging breathalyzer results to procedural errors made by law enforcement. His client-focused approach ensures that every defense is meticulously crafted to achieve the best possible outcome.
If you're navigating DWI charges, trust The Inniss Firm to provide the expert guidance and support you need. Contact us today for a complimentary consultation.
Environmental factors can sometimes be used as a defense in a DWI case. For example, if your job regularly exposes you to solvents containing alcohol—such as paint, cleaning products, or other chemicals—this could potentially impact the results of a breathalyzer test.
When you’re around alcohol-based solvents, these substances can end up on your skin, clothes, or hands. If you take a breathalyzer test shortly after exposure, trace amounts of alcohol from these solvents might affect the accuracy of the test. This is particularly relevant if you handle these materials right before the test and some residue remains on your hands as you hold the device.
In such cases, the nature of your job and the environment you work in can be introduced as part of your DWI defense. Your attorney may argue that the alcohol detected by the breathalyzer wasn’t from drinking but rather from external exposure to alcohol-containing solvents.
Inaccuracies in a police report can – and should – be used as part of your defense in a DWI case. Police officers are trained extensively on taking accurate notes and documenting events correctly, from their time in the academy through ongoing in-service training. Their ability to produce an accurate report is paramount, particularly when it comes to cases involving impaired driving.
If there are errors or inconsistencies in the police report, it naturally raises the question of whether they improperly handled other aspects of the investigation. For example, if an officer made mistakes in recording details, it may indicate that they were similarly careless in following proper procedures during your arrest, such as conducting a breathalyzer test or field sobriety test. It could also indicate outright bias or ill will toward you.
Regardless of the reason behind the inaccuracy, highlighting them means you can argue that the officer’s failure to adhere to their training undermines the reliability of their entire investigation. This can dramatically weaken the prosecution’s case and potentially cast doubt on the evidence collected against you.
Procedural errors by law enforcement can significantly impact a DWI case. These errors often relate to how evidence is collected, particularly with chemical tests like breathalyzers, and whether legal protocols were followed during the arrest process.
One key example is failing to follow the checklist before administering a breathalyzer test. Officers are required to observe a waiting period, typically 15 to 20 minutes, before conducting the test to ensure no residual alcohol affects the results.
Additionally, outside factors, such as a police officer’s cell phone, could interfere with the breathalyzer due to radio frequency interference. If these steps aren’t properly followed, the accuracy of the breathalyzer reading can be called into question.
The prosecution might argue that the machine would indicate any errors, but some of the breathalyzer equipment used is outdated and may not always reliably flag issues. Therefore, if procedural mistakes are made, the defense can challenge the accuracy of the test results and argue that they should be excluded from evidence.
Outside of chemical tests, other procedural errors can also be relevant. For instance, if the officer failed to read your Miranda rights at the appropriate time or arrested you before completing the required steps, these legal missteps could weaken the case against you. Such errors, whether related to the collection of evidence or legal procedures, can form a critical part of a DWI defense.
When building a defense strategy, I focus on creating one that is both comprehensive and multi-faceted. Our initial conversation will cover a wide range of topics—from your occupation and medical history to a detailed timeline of events leading up to your arrest. We’ll explore everything, even hours before the traffic stop, as seemingly minor details could play a crucial role in your defense.
To ensure we gather all relevant information, our firm employs a thorough questionnaire. We also pay close attention to the legality of the traffic stop itself. If the stop was not legally justified, we may be able to challenge it, potentially making any subsequent evidence inadmissible in court.
We carefully review every detail, from your health and employment to the interactions you had with law enforcement. What was said during the stop and the arrest process can often reveal critical weaknesses in the prosecution’s case.
Beyond the stop and arrest, we also scrutinize the technical evidence. This includes verifying the calibration of the breathalyzer used, ensuring the equipment was properly maintained, and analyzing gas chromatograms to spot any inconsistencies in the readings.
Helping clients navigate the complexities of a DWI case is incredibly rewarding. I understand that every client’s definition of a “positive outcome” may differ, which is why my first step is to listen to what you believe is a successful resolution.
For some, a swift resolution is key, especially if they have pressing personal or professional commitments. However, my role is to guide you toward the best possible outcome, even if that requires taking more time to pursue a more favorable result. This means discussing every aspect of your case, from the traffic stop to field sobriety tests, while offering my legal perspective on what can realistically be achieved.
Ultimately, my goal is to align your objectives with my legal analysis, ensuring we balance your needs with a clear, realistic path forward. Together, we’ll work toward a resolution that best meets your expectations.
For more information on Defending Against DWI Charges In New York, a complimentary consultation is your next best step. Get the information and legal answers you are seeking by calling (845) 533-0265 today.
Attorney Randall Inniss of The Inniss Firm, PLLC in New York is a highly skilled criminal defense attorney with extensive experience handling complex DWI cases. He has successfully defended countless clients facing serious charges and understands the complexity of DWI law, from challenging breathalyzer results to procedural errors made by law enforcement. His client-focused approach ensures that every defense is meticulously crafted to achieve the best possible outcome.
If you're navigating DWI charges, trust The Inniss Firm to provide the expert guidance and support you need. Contact us today for a complimentary consultation.
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