Westchester County Driving Under the Influence (DUI) Lawyer
Michael Greenspan
At Greenspan & Greenspan, we understand that people in New York charged with Driving While Intoxicated (“DWI”) or Driving Under the Influence ("DUI”) as well as other criminal offenses are experiencing a whirlwind of emotions and questions about what is going to happen when they must appear in Court. It is our job as experienced criminal defense attorneys to be there for you as your defender.
- Defense of all DWI/DWAI offenses;
- Arguing DWI/DWAI offenses in court;
- Using expert witnesses to attack the credibility of blood alcohol tests;
- Attacking the credibility of the officer that arrested you for DWI/DWAI;
- Negotiating plea agreements with the prosecutor who is handling your DWI/DWAI case.
- Representing clients in New York Department of Motor Vehicle license revocation hearings.
If you have been charged with a DWI, other traffic offense or other criminal offense in Westchester or Rockland county, contact Greenspan & Greenspan at our White Plains, New York office toll free at 866-777-4545 or email us using the contact form in the right column.
Drivers charged with DWI or DUI offenses face stiff penalties which often result in devastating life changes. If convicted, a suspect faces substantial fines, mandatory incarceration (from 24 hours and beyond), driver's license suspension or permanent revocation. Five years of probation plus a mandatory alcohol treatment program, community service, and the installation of a car ignition locking device are the typical ways courts punish DWI offenders (this sentence may vary by judge and by the severity of the DWI). Many offenders find it overwhelming to complete the sentencing, as well as cope with the life changes required to participate in all the programs.
If apprehended for DWI, can tests be administered for other substances besides alcohol?
Yes. If an officer suspects that drug ingestion is all or part of the impairing substance in your system, most states permit the officer to demand a blood sample, a urine sample, or both blood and urine . When a crime lab checks for other drugs than alcohol, a device known as a GC-MS (gas chromatography) is used. This piece of equipment can isolate and identify a wide range of drugs, including prescription drugs and illegal drugs. Common drugs that this test is set to look for are opiates, marijuana, sedatives, and pain killers. If any class of drugs shows a positive reading in the blood, the GC-MS will chart this, and laboratory chemists can note the level of such chemicals to determine their role in the driver’s intoxication. Although you can be prosecuted for a DUI involving physician prescribed drugs, the prosecutor is required to prove impairment in order to render a conviction, not merely establish their presence in your system.
What are the benefits of hiring a DWI attorney? What qualifications are important?
A qualified attorney can review the case for defects, compel discovery of such things as calibration and maintenance records for breath machines, have blood samples independently analyzed, negotiate for a lesser charge or reduced sentence, obtain expert witnesses for trial, etc. A skilled lawyer can also debate if the blood technician received adequate training, or if laboratory staff handled urine samples properly. Since the prosecution relies heavily on the results of breath, blood, and urine chemical tests, any discrepancy in the execution and examination of such tests can prove crucial to their validity.
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