Capital Region Legal News

Sunday, March 26, 2017

Knocking Out a DWI or DUI Charge

Q: How can I fight a DWI or DUI charge?

Each DWI or DUI case ("driving while intoxicated" or "driving under the influence", respectively) is different and the potential punishments for each are also unique.

The penalties upon conviction range from a fine and/or license suspension to possible jail time in serious cases or for repeat offenders. With your money, reputation, and freedom on the line, hiring a skilled criminal defense attorney is crucial.

In addition, you might also be required to install an ignition interlock device "IID" in your vehicle to prevent you from driving drunk again. An IID functions like a breathalyzer: you must breathe into it --and pass it--before the ignition will start the car. Every time you start the car. Imagine having to explain that to a new date, your boss, carpool pals, or the parents of your children's friends.

Oftentimes, a skilled criminal defense attorney can get the charges dropped or reduced to a lesser charge through skillful plea negotiations. A fast resolution helps preserve your privacy and might even keep your name out of the newspaper.

Even cases that might look like a “slam dunk” conviction can be unraveled by an experienced attorney who knows the tools to use to poke holes in the evidence and create doubt in the minds of the jury or judge. Questionable field sobriety tests and breathalyzers can be a knockout blow to a DWI or DUI case.

Speaking of knockout blows, former Olympic gold medalist and Hall of Fame boxer Oscar De La Hoya was recently arrested and charged in California with two misdemeanors: "driving under the influence of alcohol and driving with a blood alcohol content of .08% or greater".  

The arrest came without incident after De La Hoya  --who reportedly did two prior stints in rehab in 2011 and 2013 for “substance abuse”– – was allegedly pulled over for speeding, smelled of alcohol, and "failed several field sobriety tests". What impact the charges will have on his position and duties as CEO of Golden Boy Promotions remains to be seen.

If you or a loved one has been charged with driving offense involving alcohol or drugs such as DWI, DUI, or Driving while ability impaired ("DWAI") in eastern upstate New York, the Law firm of Ianniello Anderson, P. C. can help. We serve clients in the Albany, Clifton Park, Glens Falls, Saratoga Springs, Troy, and the entire northeastern New York area. Call us at 518-350-7755 to schedule a consultation today.


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