In Queens, DWI defense tactics are a serious matter for those who stand accused of this crime. A first-time DWI charge carries serious fines, penalties, and punishments that can have far ranging negative effects on your and those who depend on you. In fact, a driving while intoxicated offense can destroy the best laid career plans, and, if you are a student, can even cause you to face disciplinary action from your college or university. Professionals who are arrested for a DWI in New York may even lose professional licensure or be restricted in their duties. Underage drivers, commercial license holders, and some professionals face more strict laws with penalties that can be devastating.
Building a DWI Defense
The first step in building a DWI defense is dependent upon your behavior and interaction with the arresting police officers. While you should remain respectful and cooperative with the police, you don’t need to give them what could be incriminating evidence. They may ask you if you have been drinking and other questions about the consumption of alcohol. Whatever you tell them could be used as evidence against you. You have a right to remain silent, and you can inform the police that you are evoking that right.
It is important that you contact your DWI defense attorney as soon as possible, however the details of your arrest and the case being built against you do not need to be discussed over the phone, especially if you are calling from jail where you may be overheard. You have a right to have an attorney present during any police questioning, and you most definitely should take advantage of that right.
DWI Defense Tactics
An experienced DWI attorney will review the facts of the case with you, and begin investigating key areas including:
- If police officers had probable cause to pull you over
- If you were operating a motor vehicle as defined by New York law
- If the police have proof that you were driving while intoxicated
- If you submitted to a chemical test and the results of those tests
- If you offered any incriminating evidence
- If the police followed proper procedures during the stop and the arrest
Within these areas lie numerous questions regarding evidence collection and procedures. An experienced Queens DWI defense attorney will know exactly what to look for to build your defense.
For more than 34 years, the criminal defense firm of Kerben and Associates have been building highly successful DWI defense cases for thousands of clients in Queens and throughout New York City. We are not afraid to go to trial and will always works to have the charges against you dropped or reduced, whether you have been charged with a:
- First time DWI offense
- Second DWI offense in five years or longer
- Third or subsequent DWI offense
- Aggravated DWI
- Zero Tolerance offense for underage drivers
- Commercial Driver DWI offense
- DWI with serious bodily injury or death
Free DWI Defense Consultation
For a free and confidential consultation regarding your case, call Kerben & Associates at 718-575-8433. We’ll go over the facts of your case and help you understand the penalties you could be facing as well as possible strategies or defenses that could be raised in your favor. Our goal is always to get our clients’ charges reduced or dismissed, and we have had countless successful outcomes in Queens DWI defense litigation.