Criminal Defense Lawyers

How to Beat DUI Charges in New York City: Strategies from DUI Lawyers

How to Beat DUI Charges in New York City: Strategies from DUI Lawyers

Dealing with a DUI charge in New York City can be really overwhelming. Like, the legal system here is no joke and trying to figure out your options on your own can feel impossible. But there are actually a lot of ways you can fight a DUI charge with help from a good lawyer. I wanted to give a quick rundown on some of the main strategies NYC DUI lawyers use to help their clients beat these kinds of charges.

Challenge the Reason for the Traffic Stop

One of the first things a good DUI defense lawyer will look at is whether the traffic stop itself was actually legal. Like, did the cop even have a legit reason to pull you over in the first place? Because if not, then any evidence they got after that—like results from a breathalyzer test—could get thrown out of court.Some common illegal reasons cops pull people over:

• Your driving was totally fine and they had no real reason to suspect you were drunk
• They pulled you over for something super minor like a busted taillight
• They were illegally profiling you based on race, age, etc.

If your lawyer can show the traffic stop was not valid, it can sometimes be enough to get the whole case dismissed. Pretty sweet deal if you can get it!

Question the Validity of Field Sobriety Tests

So the cop legally pulled you over. But what happened next? Did they have you walk a straight line and follow a pen with your eyes and stuff? Those are called field sobriety tests, and they can sometimes be total BS.Research shows these tests often give false positives. In other words, they make totally sober people look drunk! Some things that can mess up your performance:

• Nervousness about the tests
• Lack of sleep
• Any health issues you might have

A good DUI lawyer will look closely at the results of your field tests to spot any signs they were inaccurate. And if so, they can often get them thrown out as evidence in court.

Fight the Breath and Blood Test Results

Okay, so maybe you took a breathalyzer or blood test after you were arrested. But even then, the results aren’t necessarily solid evidence against you. Skilled NYC DUI lawyers know how to challenge the procedure and accuracy of these tests.For breath tests, that means looking at:

• Whether the machine was properly calibrated
• If the officer properly monitored you for 15-20 minutes beforehand to prevent mouth alcohol from messing up the results

And for blood tests, it means checking if:

Christine Twomey

2024-03-21

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Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

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2024-03-12

Very professional, very transparent, over all a great experience

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2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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• The lab followed proper procedures when analyzing your blood sample
• The blood was stored and transported correctly so it didn’t ferment and throw off the numbers

If your test results got screwed up in any of those ways, a good DUI lawyer can probably get them tossed out of court so they can’t be used against you.

Negotiate with the District Attorney

Sometimes fighting a DUI charge outright isn’t in the cards. Like if the cops pretty clearly had a valid reason to stop you and the breathalyzer puts you well over the legal limit. In cases like that, a skilled NYC DUI attorney will talk with the District Attorney to negotiate a plea deal.This usually means pleading guilty to a lesser offense, like reckless driving, in exchange for the DUI charge getting dropped. You’ll still face penalties—probably losing your license for a bit—but it’s way better than a DUI conviction.The key is having an experienced lawyer on your side who knows all the DA’s tricks. They can negotiate firmly on your behalf to get you the best possible deal.

Explore Diversion Programs

First-time DUI offenders may qualify for special diversion programs in NYC. These allow you to get the charges dismissed after you complete some combination of:

• Alcohol education classes
• Community service
• Therapy sessions

The requirements vary by county and the specifics of your case. But completing one of these programs means avoiding a damaging DUI conviction on your record.An experienced DUI lawyer will know if you’re eligible for any of these programs in the county where you were arrested. And they can guide you through the application process to give you the best shot at getting approved.

Contest the License Suspension Hearing

After a DUI arrest, the New York DMV will automatically suspend your driver’s license. But you have the right to request an administrative hearing to contest the suspension and try to get your license back.There are certain defenses a skilled DUI lawyer may use at your hearing, like:

• Questioning whether the breath test machine was properly calibrated
• Arguing the cop didn’t have probable cause to pull you over
• Pointing out mistakes in the paperwork the officers filed

Beating a license suspension is tough, but definitely possible with an experienced lawyer on your team.

Seek Treatment for Addiction (If Needed)

In some DUI cases, the offender was struggling with alcoholism or addiction. Defense lawyers understand this is a serious medical condition. If that applies to your case, enrolling in a treatment program can really help in a few key ways:

• Shows the court you recognize your problem and are committed to getting healthy
• Makes you look more sympathetic in the eyes of the judge/prosecutor
• Means you’ll avoid jail time and get a more lenient sentence

Your lawyer can help connect you with respected treatment facilities and counseling resources in your area. Taking this step can be incredibly meaningful for your case—and your life moving forward.

Conclusion

I know getting arrested for a DUI can make you feel totally lost and overwhelmed. But having an experienced NYC defense lawyer in your corner levels the playing field and gives you a fighting chance, even when things seem hopeless.They have all sorts of strategic tricks up their sleeves—from challenging breathalyzers to questioning traffic stops to negotiating with prosecutors. So if you or someone you care about is facing DUI charges in New York City, don’t go it alone. Reach out for professional legal help right away so you can start fighting back.There are a lot of great options out there, but personally I’d recommend checking out firms like Rosenblum Law or Lipsky Criminal Defense. They really know what they’re doing when it comes to beating these kinds of charges.I hope this quick guide gave you a good sense of what’s possible when you have the right lawyer on your team. Best of luck dealing with everything—you got this! Let me know if you have any other questions.

Resources

This video from Rosenblum Law gives a few more examples of ways DUI lawyers can fight to get charges reduced or dismissed.The New York DMV website has more details on license suspension hearings and DUI diversion programs in the state.

References

Challenging the Basis for the Traffic Stop (Avvo)Problems with Field Sobriety Tests (Nolo)Fighting Breathalyzer Results in Court (FindLaw)Contesting a License Suspension (Traffic Ticket)