Michael A. Ferraro, Esq., P.C.
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What defense strategies can you have in a drunk or drugged driving case?

On Behalf of | Dec 29, 2020 | DWI defense |

If you’re charged with drunk or drugged driving, the aftermath can make your head spin. You’re likely to face an immediate arrest and have your driver’s license confiscated, just to start. It’s only natural to start thinking about your defense.

Every defense strategy is fact-specific

Your defense strategy will be unique because all defenses start with the facts of the case. Here are some things to consider:

  • Was the basis for the traffic stop valid? Were you pulled over for driving erratically or did the officer pull you over for something else, like a broken light, and then start to question whether you might be impaired?
  • Is there video of your driving or your encounter with the police? Did you submit to roadside testing on camera? If you failed the roadside sobriety test, is there a reason other than drugs and alcohol? Were you nervous, tired or sick?
  • If you were driving erratically, was there any other reasonable explanation? Was there a mechanical problem with your vehicle that affected your ability to steer? Were you sliding out on ice or snow?
  • If a Breathalyzer was used, was it calibrated correctly? Was the officer properly trained in its use? If bloodwork showed you had drugs in your system, could they have been traces of drug use from days or weeks before?
  • Was there an emergency? Emergencies have a way of causing people to think irrationally, including getting behind the wheel of a vehicle while intoxicated.
  • Was this a first offense or a subsequent one? Was anybody hurt? Was there any property damage? All of these issues can factor into your case and your defense.

Why you need to take drunk or drugged driving charges seriously

If you’re facing DWI charges in New York, then it may feel as if your world is crumbling around you. A drunk driving defense attorney can work with you to develop a defense strategy that fits the circumstances and evidence in your Orange County case.