How Do I Get A DWI Dismissed?

Driving while intoxicated is a serious offense in the state of New York, and thousands of arrests have been made every year. It’s likely that if you’ve been arrested for a DWI, you’ve probably wondered how you can get these charges dismissed. This way of thinking is only natural when you consider the steep penalties you can face if convicted. Many DWI cases are reduced or dismissed yearly, so it is possible to seek dismissal of the charges against you. An experienced and aggressive DWI defense attorney at Flowers Law Group is here to help you through this challenging process. 

Can A DWI Get Dismissed?

While getting a DWI charge dismissed altogether is a desirable outcome, it can be challenging to accomplish. There are various reasons why a DWI case may end up dismissed at or before the trial.

Illegal Stop 

There are possible instances where law enforcement stopped your vehicle illegally or lacked probable cause. Law enforcement can only stop your car for the following reasons:

• Erratic driving. 
• Violation of traffic laws. 
• DWI checkpoint. 
• Equipment violations. 
• Your vehicle fits the description of a car involved in a crime.

Stops based on racial profiling, random stops, or other reasons unrelated to breaking the law are illegal. 

Lack of Probable Cause for a Breath Test

A DWI can be dismissed if there is a lack of probable cause for law enforcement to request a breath or chemical test. If you were pulled over for speeding or another traffic violation and denied drinking alcohol, the police officer might ask you to perform field sobriety or balance tests if they suspect you were drinking. However, you are not obligated to perform these tests. Refusing to take a chemical or breath test can put you at risk of losing your license. At a requested license suspension hearing, you have to be able to demonstrate the following:

• Lack of probable cause for breath or chemical test. 
• The test results were invalid. 
• There was a legitimate reason to refuse the test. 
• Lack of probable cause that you were under the influence of alcohol. 

While getting your charges dismissed is a difficult task, numerous legal arguments can achieve this outcome. Working with an experienced DWI attorney is vital to help you yield your desired results. 

Contact Flowers Law Group

If you are facing a DWI charge and are looking for quality legal assistance, Flowers Law Group is here to provide you with the representation you need. To learn more about your options for your DWI case, contact our office today.