Halfmoon, NY DWI and DUI Law Firms & Lawyers

While DWI cases often seem skewed in favor of the prosecution, there is some chance that an assertive defense showing that too few Field Sobriety tests were completed, and that for physical reasons you could not perform one of them, might be helpful in challenge the grounds for the arrest. Some counties are tougher, some easier, on dropping DWI down to Reckless Driving, but it can be accomplished at least some of the time. Please keep in mind that if the cop has grounds to believe you were driving while impaired by alcohol, you can still be charged, even if the chemical tests are suppressed.

There are limitations on the State's time to charge you with any crime including a DUI. However, if a warrant was issued in 2009, that would indicate that you were charged back in 2009. You may have some standing to contest this if you can show that the state was somehow negligent in its attempt to notify you of the charges. Otherwise, the fact that the warrant has been active for 3 1/2 years is not due to their misconduct and they can continue to pursue the charges.

Yes. You will be charged. You will likely lose your DL from DMV at an express consent hearing - there is some bad case-law on this exact situation - you could lose you license even if the keys are not in the ignition, car not running - at trial, we have better defenses and could win.