Defense Strategies For Unraveling The Burden Of Proof

The Burden Of Proof

When defending a DUI/DWI charge in New York, the prosecution must prove you were operating a vehicle while impaired by alcohol or drugs and that your Blood Alcohol Concentration (BAC) limit exceeded the legal threshold – 0.08% for non-commercial drivers in New York. Plausible defenses to undermine the prosecution fulfilling this burden may include the following:

• Challenging Chemical Test Results

Questioning the accuracy or reliability of the results from breath, blood, or urine tests.

• Challenging The Officer’s Testimony

Challenging the officer’s testimony about your behavior and impairment during the arrest.

• Compiling Witness Statements

Disputing or questioning the credibility of any witness statements provided.

• Questioning The Validity Of Traffic Stop Or Arrest Procedures

Examining whether the traffic stop or arrest procedures were conducted lawfully and adhered to proper protocols.

• Questioning Standardized Field Sobriety Tests (SFST) Administration & Scoring

Raising concerns about the administration and scoring of SFSTs, which are often used as evidence of impairment.

• Seeking A Violation Of Miranda Warnings

Ensuring that proper Miranda warnings were given, especially if statements made during the arrest are being used as evidence.

These defenses aim to erode the prosecution’s case by challenging the evidence, procedures, or testimony presented. Consulting with an experienced DUI/DWI attorney can help determine the most effective defense strategy based on the specific details of your case.

For more information on Defending A DUI/DWI Charge In New York, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (845) 533-0265 today.