Proof of Operation of a Vehicle While Intoxicated
New York DWI Lawyers
Can They Prove You Were Driving While Intoxicated?
A DWI charge is a serious criminal accusation. Prosecutors should only take this step when they have proof. Unfortunately, sometimes, people get charged without direct evidence of driving while intoxicated. If you've been charged, call a New York DWI attorney today.
At Anelli Xavier, PC, our DWI defense lawyers hold prosecutors accountable in cases throughout New York State. No matter where you are charged in New York State, we are confident our firm will give you the best possible outcome due to our extensive training and sole focus on DWI Defense. Contact us to discuss what strategies we can use to defend you against these serious charges.
Were You Driving? Were You Drunk While You Were Driving?
In a standard DWI case, the police can say that they saw the defendant driving and performed a breath test soon after the traffic stop or other incident. However, sometimes there is no direct evidence that the defendant was actually driving or that he or she drank before driving.
In order to convict you of DWI, the district attorney needs to have proof, beyond a reasonable doubt, that you were operating a vehicle while intoxicated.
Doubts about when the driver was intoxicated arise most often in cases involving one-car accidents. Often, the police do not arrive at the scenes of these accidents until time has passed, and many people drink after getting into one-car accidents in order to calm down.
Sometimes, there are also doubts as to who was driving. For instance, if there are four people in a car and nobody sees who was behind the wheel at the time of the accident, it may be impossible to convict any of those people of DWI, whether or not all of them were drinking.
Evaluating the Facts of Your Specific Case
The attorneys at our firm know when arguments like these work and when they don't in New York. We will aggressively defend you against DWI charges without making frivolous claims that are likely to anger the judge. Contact us today to talk to an experienced DWI lawyer.
