How will a Long Island criminal defense lawyer help my DWI case?

Right from the beginning, the lawyer is the only one working on your side. A skilled Long Island DWI attorney will aggressively examine each stage in the arrest and look for mistakes that can work in your defense. Police have strict protocols to follow when making a DWI arrest and many times mistakes are made that can work in your defense. A skilled attorney knows exactly what to look for and will diligently examine each part of the arrest and fight on your behalf.

A policeman that pulls you over must have probable cause. You cannot be stopped arbitrarily for suspicion of drunk driving. If your lawyer can get the court to rule that there was not “reasonable suspicion” for the traffic stop, then the charge is dismissed.

Even after legitimately pulling you over for suspicion, an officer must have “probably cause” to arrest you. Bad driving is not a valid reason for a DWI arrest. He or she will probably administer one or more of these field sobriety tests to establish probably cause, such as:

  • Walk and turn test—you are asked to walk a straight line and turn around
  • One leg stand—you are asked to balance on one leg
  • Horizontal gaze nystagmus—the officer holds a pen and asks you to follow it with your eyes

These tests are not always accurate and the results can be influenced by other factors—medication, medical issues, vision problems, roadside distractions, nerves, fatigue and fear.  A Long Island DWI attorney can provide you with experience legal representation required to challenge your field sobriety test.

In addition, the lawyer will make sure that protocol was met when you were arrested (were you read your Miranda Rights?). They will also determine if any chemical tests that were given were administered properly and thoroughly examine road conditions, weather and other factors that may have caused you to drive poorly when stopped by the officer.

If you or someone you love is facing DWI charges, contact Goldstein and Bashner today. Our criminal defense lawyer will aggressively fight every step for your rights to ensure you receive the best possible outcome.