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Negotiating Brooklyn DUI Charges Down to Lesser Offenses
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Dealing with a DUI charge in Brooklyn can be an overwhelming and scary experience. Like, you’re probably freaking out wondering what’s gonna happen and how this could impact your life. I totally get it. But just know there are options and people who can help. I wanted to give you the rundown on strategies for trying to get DUI charges reduced in Brooklyn, in case it helps.
Understanding the Charges
The first thing is understanding what exactly you’re charged with. In New York, there are a few possible DUI-related charges:
- Driving While Intoxicated (DWI) – Operating a motor vehicle with a BAC of 0.08% or higher. This is the main drunk driving charge.
- Driving While Ability Impaired (DWAI) – Driving with a BAC between 0.05% and 0.07%. This is a “lighter” drunk driving charge.
- Common “Aggravated” Charges – These involve a DWI/DWAI charge plus an aggravating factor like speeding, accident, child in the car, etc. This ups the severity.
The charges have different fines, license suspensions, and jail times associated with them. So having an experienced Brooklyn DUI lawyer review the specifics of your charges is key.
Gathering Evidence
After getting charged, the next step is gathering any evidence that could help show you weren’t actually impaired. This can include:
- Breath/Blood Test Results – The chemical test results showing your actual BAC. Were the tests properly administered? Were you under the limit? This evidence could be huge.
- Field Sobriety Test Documentation – Many do poorly on these even when sober. Were errors made in how they were conducted? Any supporting video?
- Witness Statements – Were there passengers or bystanders who can speak to your condition and driving ability? Helpful witnesses can make a big impact.
Compiling this stuff takes work but can really bolster your case down the road.
Common Defenses Against DUI Charges
When fighting a DWI/DWAI in Brooklyn, there are a few main legal defenses that a skilled DUI attorney may use such as:
- Invalid Traffic Stop – Officers need proper cause to pull you over. If that reason is weak, evidence from an unlawful stop gets thrown out.
- Faulty Chemical Test – As mentioned, documentation showing improper administration of Breathalyzer or blood tests can invalidate the supposed proof of intoxication.
- Medical Conditions – Various medical issues like diabetes or acid reflux can mimic signs of impairment during field sobriety tests.
When applicable, leverage these defenses to fight the DUI allegations altogether.
Plea Bargaining Possibilities
If the evidence is stacked against beating the charges outright, plea bargaining comes into play. The goal here is negotiating with the prosecution to reduce the charges in exchange for a guilty plea.Some possible plea deals for Brooklyn DUI charges include:
- Pleading to non-alcohol DWAI instead of DWI
- Dropping aggravating factors related to speeding, accidents, etc.
- Reducing misdemeanors to violations which carry less severe penalties
- Pleading to reckless driving instead of DUI/DWI charges
Securing one of these outcomes pre-trial saves the hassle and risk of going to court. Your Brooklyn DUI lawyer handles these negotiations for you.
Alternative Dispositions
Finally, there are also some alternative paths the case can take to wind up with a positive resolution, such as:
- AODA Assessment – Pleading to DWAI and completing alcohol counseling program results in charges dropped after 90 days.
- Impaired Driver Program – For 1st time offenders. Finish program = misdemeanor re-classified as violation.
- Diversion Program – Similar to above but involves community service. DUI charges dismissed after completion.
These disposition tracks don’t outright beat the allegations but enable paths to avoid long-term consequences in exchange for completing remedial requirements.