Brooklyn Criminal Attorneys Explain How They Can Help with DUI and Traffic Cases

Brooklyn Criminal Attorneys Explain How They Can Help with DUI and Traffic Cases

Getting arrested for DUI or another traffic violation can be really scary. The penalties are so harsh—thousands in fines, license suspension, even jail time. And if you caused an accident while driving drunk, the charges get much more serious. When your freedom and future are on the line, having an experienced Brooklyn DUI attorney on your side makes all the difference.

In this article, top Brooklyn criminal defense attorneys explain exactly how they defend clients accused of DUI, DWAI, reckless driving, leaving the scene, and other motor vehicle charges. You’ll learn about the complex DUI laws in New York, key defenses that skilled lawyers use, and why navigating these cases on your own is so risky. Let’s get started!

The Challenges of DUI Cases in Brooklyn

DUI laws in New York are extremely complicated—even lawyers have to study hard to fully understand them. There are so many technicalities related to field sobriety testing, chemical testing, license suspensions, and sentencing. Without an attorney, you could easily get lost in the complexities and make mistakes that hurt your case.

For example, did you know that the arresting officer must observe you driving to make a DUI arrest? Many people don’t realize this. If the officer didn’t actually see you behind the wheel, a lawyer can get the charges dismissed based on that one technicality. See why it pays to have an expert on your side?

Brooklyn DUI attorneys also understand the local courts and prosecutors. They know which judges and ADAs are tough on DUI defendants and which ones are more reasonable. This insider knowledge helps them craft strategies tailored to the specifics of your case. Geographic expertise matters a lot in DUI defense.

Investigating the Stop and Arrest

Brooklyn criminal lawyers always start by scrutinizing the traffic stop and roadside investigation that led to your DUI arrest. Did the officer have valid reasons to pull you over in the first place? Did they properly administer the field sobriety tests according to National Highway Traffic Safety Administration standards? Were you coerced or confused into consenting to a breath test?

Skilled DUI attorneys know how to obtain police reports, dashboard camera footage, and other documentation needed to assess whether proper procedures were followed. If they find any evidence of sloppy police work—or worse, outright misconduct—that could be grounds to get damning evidence thrown out.

For example, problems like these could lead to suppression of evidence:

• No probable cause for the initial traffic stop
• Field sobriety tests conducted improperly
• Miranda rights not read before interrogation
• Forced consent to a breathalyzer test
• Errors in the chain of custody of blood test samples

Brooklyn DUI attorneys know how to dig deep into the details surrounding the arrest to uncover issues. Just one procedural mistake by the police could result in the whole case getting dismissed.

Challenging the Breath and Blood Tests

The results of breathalyzer and blood tests provide some of the strongest evidence used to convict DUI defendants. But Brooklyn criminal defense lawyers know that these chemical tests are far from foolproof. There are many ways the results can be challenged:

• The machine wasn’t properly calibrated
• Contamination of the blood sample
• Errors in toxicology testing procedures
• The defendant’s individual physiology affected results
• Mouth alcohol caused falsely high breath test reading

Having a meticulous DUI attorney question every aspect of the testing process and results is absolutely essential. Again, just one small error in collecting or analyzing the samples could lead to the results being ruled inadmissible.

Negotiating with the Prosecutor

If it’s not possible to get the whole DUI case dismissed, the next best thing is to get the charges reduced or plead to a lesser offense. Brooklyn criminal defense lawyers have extensive experience negotiating plea bargains with prosecutors. Often they can get misdemeanor charges lowered to traffic infractions, which carry less severe penalties.

For example, a skilled attorney may be able to bargain a DUI charge down to simply reckless driving. Instead of losing your license and possible jail time, you may just end up with a fine and some points on your record. And a good Brooklyn traffic lawyer knows how to then fight to get those DMV points minimized as much as possible. Their negotiations skills can make a huge difference in the outcome.

Avoiding Driver’s License Suspension

One of the toughest penalties for DUI defendants in New York is driver’s license suspension. Getting your license taken away, even temporarily, can severely disrupt your life and job. Brooklyn DUI lawyers have several strategies to help clients avoid suspensions:

• Fighting the DMV hearing to prevent suspension entirely
• Negotiating for a conditional license that allows driving for work purposes
• Obtaining an occupational license that gives limited driving privileges
• Restoring the suspended license early and reinstating full privileges

With an attorney’s help, many DUI defendants can avoid a long-term loss of driving privileges. This alone makes hiring a lawyer worthwhile.

Getting Your DUI Charges Dismissed

The best possible outcome of fighting a DUI charge is a dismissal. No fine, no license suspension, and no criminal record. While dismissals are rare, they do happen in cases with improper police procedures, lack of evidence, or technicalities. An experienced Brooklyn criminal lawyer knows how to fight hard to get charges dropped entirely.

For example, if the arresting officer failed to read your Miranda rights, the entire case could get thrown out due to that one critical mistake. DUI attorneys look closely for any leverage like this to get charges dismissed.

Avoiding Jail Time for DUI Convictions

If you end up being convicted of DUI in New York, jail time is a possibility even for first-time offenders. But skilled Brooklyn criminal attorneys can often negotiate sentences that emphasize rehabilitation over incarceration. Their arguments can convince judges to allow alternatives like:

• Probation rather than jail
• Community service
• Participation in alcohol education programs
• Drug and alcohol counseling

Jail should always be the last resort. An experienced DUI lawyer knows how to passionately argue against incarceration and secure a sentence focused on treatment and rehabilitation whenever appropriate.

Defending Against DUI With Injury or Death

When someone is injured or killed by a drunk driver, the charges quickly escalate to aggravated DUI, vehicular assault or vehicular homicide. Now the defendant is facing years, or even decades in prison. These complex cases require the expertise of a skilled Brooklyn criminal defense attorney.

The lawyer’s job is to conduct an exhaustive investigation into the circumstances of the accident. They may find mitigating factors like weather conditions, mechanical failure, or other vehicles contributing to the crash. These could shift some liability away from the defendant.

An attorney can also negotiate with prosecutors using factors like the defendant’s clean record, remorse and willingness to pay restitution to victims. There are often opportunities in these tragic cases to humanize the defendant and advocate for a fair outcome. Experienced DUI lawyers know how to handle even the most emotionally charged cases with compassion.

Why Hiring a Lawyer is Essential

After reading this article, you should appreciate why fighting a DUI or traffic case requires skilled legal representation. Brooklyn DUI attorneys have the expertise to:

• Navigate complex DUI laws and procedural rules
• Challenge incriminating breath and blood test results
• Suppress illegally obtained evidence
• Negotiate plea bargains with favorable outcomes
• Avoid driver’s license suspensions
• Minimize fines and penalties
• Avoid jail time and advocate for alternative sentencing

Without a lawyer, most defendants fail to understand their rights and make mistakes that devastate their cases. Don’t take chances with your future. Consult with an experienced Brooklyn criminal defense attorney as soon as you’re charged with DUI or any other traffic violation. It’s your best opportunity to achieve the most positive outcome in these complex cases.