In New York, people who are accused of and arrested for driving under the influence will face a slew of problems if they are convicted. There can be fines, lost driving privileges, jail time, costlier insurance and a negative mark on their record. It can hinder them in trying to get certain jobs and in other aspects of life. It is important to formulate a viable defense against these allegations. Calling the evidence into question is one avenue that might be effective. Part of that is questioning whether the chemical tests were conducted based on state law.
Law enforcement must have reasonable grounds to conduct chemical tests
Thinking that law enforcement can simply conduct these tests at will is a mistake. There must be reasonable grounds to believe the person was violating the law by operating a motor vehicle under the influence within two hours of an investigation. It is imperative to have a grasp of what legal grounds really means.
The arresting officer can assess the circumstances of the incident that led to the investigation and arrest and conclude that testing is justified. If, for example, the driver was behaving in a way that suggested they had consumed alcohol, had an open container of alcohol in or near the vehicle or there was other evidence indicating that the driver had been drinking, it is enough to conduct the test.
Despite these legal justifications, the driver might have a valid explanation as to why they appeared to be under the influence. If there was an open container near the vehicle, that does not necessarily mean the driver had been drinking it. Regarding behaviors like having trouble standing up straight or exhibiting bloodshot, glassy eyes, it does not automatically mean they were under the influence.
To craft a defense, the entire case should be scrutinized with legal help
There are many strategies that can be effective when accused of DUI. Questioning the tenets of the chemical tests is one. Even if that does not help with reducing the charges or having them dropped, there are other tactics that could help with the case. There might be programs available to avoid the worst penalties or it might be possible to get an acquittal. For guidance with criminal defense, it is useful to consult with experienced legal professionals who know how to look at evidence and move forward with fighting the charges.