INSIGHTS

Home > Case Studies > DWI > Do You Need an Attorney for a DWI Charge?

Do You Need an Attorney for a DWI Charge?

by | Oct 14, 2023

If you’ve been charged with driving under the influence in New York, you may be wondering whether you should have the representation of an attorney. Critically, being charged with driving under the influence in New York can have a long-lasting impact on your life and livelihood — and there are many benefits to hiring an attorney to represent you in your DWI case. In addition to guiding you through the legal process, a DWI attorney can protect your legal rights and fight for the best possible outcome.

Here are four essential reasons you should retain a DWI attorney if you are facing criminal charges for drinking and driving:   

1. A DWI Attorney Will Know How to Challenge a Breath Test

Often, the prosecution’s case against you will rely heavily on the results of a breath test that establishes you were above the legal BAC limit. However, these tests aren’t always accurate and can be challenged in court. For instance, a DWI attorney will know how to challenge breath test results due to lack of probable cause, improper testing procedures, failure to calibrate, or even based on the timing of the test. If the test results are inadmissible, the prosecution will have to rely on other evidence, such as field sobriety tests or eyewitness testimony.          

2. A DWI Attorney Will Have Knowledge of the Law

DWIs are complex matters and the laws are highly nuanced. A DWI attorney will have deep knowledge of the law and experience arguing these types of cases. They will also know the procedures that must be followed by law enforcement and whether they were followed. In the event the police did not have probable cause to pull you over or your Constitutional rights were violated in some other way, key evidence may be suppressed — or your case may be dismissed.   

3. A DWI Attorney Can Negotiate a Plea Deal

Plea bargaining is an important part of many DWI cases. With a plea deal, you may be able to get the charges against you reduced in exchange for pleading guilty. There are a variety of factors that are taken into consideration when negotiating a plea deal, including the seriousness of the offense and the amount of evidence against you. While it is ultimately up to you as to whether you wish to accept a plea deal, your attorney can advise you whether the deal being offered is in your best interests — or it is better to take your case to trial. They will also know how to negotiate with the prosecution to obtain a more favorable outcome.   

4. A DWI Attorney Will Have Trial Skills

Often, a DWI case can be resolved through negotiating a plea bargain or obtaining a dismissal. However, if your case goes to trial, it’s vital to have a DWI attorney who possesses the skills necessary to provide a solid defense. A DWI attorney will know how to structure your defense and present your case to a jury.              

Contact an Experienced New York Criminal Defense Attorney

If you are facing DWI charges, it’s critical to have the representation of an experienced criminal defense attorney who can fight for your rights. The attorneys at D’Emilia Law offer adept advocacy and knowledgeable counsel to those who are facing DWI offenses and work relentlessly to obtain the best possible results in each of their cases. To schedule a consultation, contact us at 1-888-DEMILIA.

DWI Attorney
Constructive Possession

Understanding Constructive Possession in Drug Cases

There are two types of possession in New York drug crimes — actual and constructive. Significantly, constructive possession is an alternative theory to actual possession that allows a person to be charged with a drug-related offense, even if they did not have the...
What are Mitigating Factors in DWI Sentencing? cover

What are Mitigating Factors in DWI Sentencing?

If you’ve been convicted of a DWI, a judge will consider both aggravating and mitigating factors when determining your sentence. Mitigating factors are circumstances that can reduce your level of culpability — and lessen the penalties that might be imposed. It’s...
Ignition Interlock Device

What Happens if You Violate the Ignition Interlock Device Requirements?

If you were required to install an ignition interlock device (IID) in your vehicle in connection with a DWI, it’s crucial to comply with the court order. Violating an IID mandate is a serious matter that can be charged as a misdemeanor offense, resulting in jail time...
How Can an Expert Witness Help in My DWI Case? cover

How Can an Expert Witness Help in My DWI Case?

Being convicted of a DWI is a serious matter that can come with significant repercussions — and it’s crucial to mount a solid defense. If your DWI case will be going to trial, your criminal defense attorney might want to bring in an expert witness as part of your...
Can Medications and Medical Conditions Affect Breathalyzer Results? cover

Can Medications and Medical Conditions Affect Breathalyzer Results?

Breathalyzers are commonly used by the police when they pull someone over on suspicion they are driving while intoxicated. While these devices measure blood alcohol content (BAC) to determine whether the driver is impaired, there are a number of reasons why they may...
What’s the Difference Between Drug Possession, Sale, and Intent to Sell a Controlled Substance in New York? cover

What’s the Difference Between Drug Possession, Sale, and Intent to Sell a Controlled Substance in New York?

Drug selling and possession offenses are two categories of narcotics crimes that are prosecuted aggressively in New York. While drug possession involves holding a controlled substance for personal use, the criminal sale of a controlled substance refers to selling,...
When Are Breathalyzer Results Inadmissible in New York? cover

When Are Breathalyzer Results Inadmissible in New York?

A breathalyzer is a tool regularly used by law enforcement in New York DWI cases to determine whether a driver’s blood alcohol concentration (BAC) exceeds the legal limit. However, there are certain protocols that must be followed and legal requirements that must be...
What is Double Jeopardy and How Does it Work in a Criminal Case? cover

What is Double Jeopardy and How Does it Work in a Criminal Case?

Double jeopardy protects criminal defendants from being tried more than once for the same offense. It is a right that is afforded to the accused under both the Fifth Amendment of the U.S. Constitution and New York Criminal Procedure Law. Specifically, it provides...
What is the Right to a Speedy Trial? cover

What is the Right to a Speedy Trial?

The right to a speedy trial is a fundamental right under both the U.S. Constitution and New York State law. It guarantees that an individual charged with a crime must be prosecuted in a timely manner — they cannot be incarcerated indefinitely without having their case...
Violating Probation

What are the Consequences of Violating Probation in New York?

Probation is a common alternative to jail time for certain criminal offenses in New York. While probation can allow someone who is convicted of a crime to remain in their community, specific terms and conditions must be followed. Failure to do so can result in a...