Generally speaking, any time someone is arrested in New York without authority, or without probable cause, that arrest should not hold up under the law. That should be considered a false arrest. When a police officer arrests a driver under the suspicion that they are driving under the influence, they must do so with probable cause and sufficient authority. In other words, the police are only permitted to make an arrest if there is enough reasonable proof that the crime has taken place.
What does this mean for the average person? If you are arrested by a law enforcement official (for example, for driving under the influence) but you did not commit a criminal offense or drive while intoxicated, then that could be an official false arrest case. Every charge requires valid evidence to support the allegation at hand. Without valid evidence, it may be shown that your DWI arrest was false, which could help you avoid the associated penalties. For example, it is required that you submit to a breathalyzer test which proves you are under the influence at the time of your arrest. Additionally, there must be probable cause for a traffic stop, which may be obtained by any (VTL) Vehicle and Traffic Law offense, and it would lawfully lead to an arrest. But if none of this evidence exists, you may not have to pay the price for driving while intoxicated.
If you believe that your DWI was a false arrest, a criminal defense lawyer can help. All evidence can be scrutinized in court. An unjustified DWI arrest can be challenged in court, but it can be extremely difficult to do so without the help of a seasoned criminal defense attorney. For this reason, Gianni Karmily is a trusted Nassau County, Long Island lawyer who will fight aggressively for your rights.
What Are Some Defenses That Can Be Used Against A False DWI Charge?
The defenses that could potentially be used in a DWI case will vary from case to case. No two cases have the exact same details, so you need to contact an attorney to figure out what defense stance may be the best for you.
In some cases, a medical exemption can be provided. A medical DWI defense can be used in certain situations, but not all. For example, people with diabetes may fail a blood alcohol concentration breathalyzer test if acetone in their breath registers as alcohol. Diabetes can also raise a person’s blood alcohol content to appear as high as 0.6%, even if that person has not consumed much alcohol. Additionally, people with acid reflux, chronic heartburn, or other similar conditions, can also see skewed breathalyzer numbers on a police report. In a case where a medical condition may have changed, altered, or tampered with evidence, Gianni Karmily can defend you. The sooner you call, the sooner you can get started developing a strong defense to fight back against your Driving While Intoxicated charge.
What Are The Penalties For A DWI In New York?
Penalties for a first time Driving While Intoxicated offense in New York can include up to one year behind bars in a county correctional facility, a monetary fine, and license revocation for at least six months. In addition to these charges, a first time offender will need to pay an annual “assessment fee” that is a minimum of $250 every three years for a total of $750. This is part of New York State’s Driver Responsibility Program.
Those who have two or more DWI charges may face felony charges, and could even be sentenced to an incarceration term of up to at least four years or at least seven years. New York is notoriously tough on this type of crime, so you might also be required by the state to attend an alcohol abuse related rehabilitation program. Some people are even required to do community service or perform some kind of volunteer work.
Schedule An In-Depth Criminal Case Evaluation With The Law Firm Of Gianni Karmily If You Believe Your DWI Arrest Was False
You have the right to hire an attorney to fight back against any charges against you that you believe are unjust, unfair, and unlawful. At the Law Firm of Gianni Karmily, Gianni Karmily and his legal team have helped many New York residents fight back against Driving While Intoxicated charges. No matter the circumstances of your arrest, you cannot afford to gamble with the high stakes penalties that accompany a DWI charge in New York.
Contact Nassau County, Long Island criminal defense attorney Gianni Karmily as soon as possible after you have been arrested to develop a strong defense on your case.