New York Criminal Defense Attorneys

Identifying Defenses Against DWI Charges

If you've been charged with driving while intoxicated (DWI), it is important to hire a New York drunk driving defense lawyer with specific DWI experience. A general-practice criminal law attorney may not understand the unique and complex technical issues involved in DWI defense cases.

At Anelli Xavier, PC, our attorneys represent approximately 1,000 clients per year in DWI 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. Don't hesitate to contact us to discuss what we can do to defend you against DWI charges.

Are There Vulnerabilities in the DA's Case Against You?

In any criminal case, the prosecution has to prove beyond a reasonable doubt that the defendant is guilty of every element of the crime. The attorneys at our firm are experienced at identifying reasons to doubt prosecutors' DWI cases by asking questions such as the following.

• Did the test correctly record your BAC?: The prosecutors will probably attempt to establish your blood alcohol content ( BAC) by using the results of breath, blood or urine test. These tests are not foolproof. We work with expert forensic toxicologists and pharmacologists to identify weaknesses in prosecutors' stories.
• Did the police have reasonable suspicion to stop you?: The police cannot stop you in traffic without some reason to suspect that you are breaking the law. If you were stopped unconstitutionally, it may be possible to get the evidence against you thrown out.
• Did the police have probable cause to arrest you?: You cannot be arrested for DWI without probable cause, such as the results of a correctly administered field sobriety test. Again, evidence obtained unconstitutionally can be suppressed.
• Were you read your Miranda rights?: If the police arrested you without reading you your rights, anything you said after you were arrested cannot be used against you.
• Were you actually operating a vehicle?: You cannot be convicted of DWI without proof, beyond a reasonable doubt, that you were actually driving while intoxicated.

Every case is unique, and our firm has successfully used many other defenses to get clients acquitted and DWI charges dismissed and reduced. Contact us today to discuss the specific facts of your case with an experienced New York DWI defense lawyer.