Our Attorneys Have Defended Hundreds of DWI Cases All Over New York State
Defending DWI cases is a highly specialized field, even among criminal defense attorneys. Successful defense on a DWI charge requires a highly technical understanding of the scientific principles of blood alcohol testing, the interpretation of “field sobriety tests,” the legality of car stops, and the various DMV regulations on suspensions, revocations and “conditional licenses.”
Lee Law Firm has successfully defended DWI cases by:
- Attacking sloppy procedures and paperwork.
- Attacking defective breath test machine (“Intoxilyzer”) results.
- Aggressively cross examining police officers on alleged “indicia of intoxication.”
- Attacking the flawed “science” of reverse extrapolation.
- Suppressing illegally obtained evidence and statements.
Even when the case might appear “hopeless,” we will utilize our expertise to explore every possible defense and minimize all penalties. We also have a complete understanding of the laws regarding driver’s license suspensions, revocations and vehicle seizures, which can be just as important as addressing the criminal charges themselves.
What happens if I get arrested for DUI/DWI?
New York State has some of the toughest DWI laws in the nation. Even a first time offender faces harsh consequences including a revocation of your driver’s license for six months, fines up to $1,000, mandated participation in various rehabilitation programs, costly installation of an “ignition interlock” device on your vehicle, probation, and even jail time in some cases. In New York City, the NYPD can even take your vehicle and forfeit it under the theory that your vehicle is the “instrumentality of a crime.” If you have been charged with DWI, you must be represented by an attorney with specialized knowledge in this area of law, in order to have a fighting chance.
If I’m innocent, I don’t need to worry.
Clients who have been wrongfully accused simply cannot sit back and assume that the system will protect their rights and prove them innocent. In fact, a wrongfully accused person needs especially vigorous representation by an experienced attorney, who can contest the false or mistaken allegations made by “victims,” witnesses and police officers. A good attorney not only knows the law, but has strong investigative skills necessary to obtain key evidence such as surveillance videos, witness statements and Metrocard records, which can sometimes be impossible to get unless they are retrieved right away. A good attorney also knows how to fight the case on the “law,” such as arguing that someone has been overcharged with Assault in the 1st Degree, when the appropriate charge is Assault in the 3rd Degree.
Can you guarantee a result?
No two cases are exactly alike, and the end result will depend on many factors such as the strength of the prosecution’s evidence, the willingness of complaining witnesses to cooperate, and the particular prosecutor or judge that is assigned to the case. A good attorney will never guarantee a result. Instead, a good attorney is able to tell the client that based on his experience on similar cases, certain results are likely. At Lee Law Firm, we strongly believe that honesty with the client about the range of possible outcomes at the outset of the case is not only the ethically right thing to do, it is the absolute key to building trust with the client.
If I’m guilty, what can my lawyer do for me?
An attorney has the duty to strongly represent his client regardless of his or her guilt. There are many ways that an attorney can help his client even though he is “guilty.” For example, he can argue that the police obtained a confession or other evidence through illegal means, and get it thrown out. He can negotiate a plea bargain which would not leave criminal record or significantly reduce jail time. If a plea bargain is unacceptable, an attorney can tell his client his chances of success or failure at trial, so that the client can make an informed decision. And in the worst case scenario of incarceration, an attorney can present all available options for early release.