DWI and Breathalyzer Refusal Defense
Brooklyn - New York City - Long Island DWI Defense
Attorney Barry Jacobson has more than 25 years of experience with the resolution of New York DWI charges as a defense attorney, prosecutor, and judge. To find out how the insights gained over a long career concentrated on New York drunk driving and implied consent charges can help you, contact the Law Offices of Barry S. Jacobson in Brooklyn. He's a member of the National College of DUI Attorneys, and stays current with the evolving strategies and techniques for the defense of these difficult charges.
New York State DWI charges have become tougher to defend with ever-increasing penalties in recent years. At our Brooklyn DWI defense law firm, we explore all the alternatives for protecting your driving record and your driver's license, whether the charge you're facing involves driving while intoxicated based on a breath alcohol test over the legal limit, or an implied consent charge based on refusing a breathalyzer.
New York DWI/DUI Defense
New York prosecutors can no longer resolve first-offense DWI cases on plea agreements involving such moving violations charges as reckless or careless driving. Instead, effective defense on a DWI case relies on constitutional attacks on the arresting officer's reasonable suspicion to stop your vehicle, his or her probable cause to arrest you for drunk driving, or the operation of a DWI checkpoint. If there's an opportunity to suppress the results of a breathalyzer on one of these constitutional grounds, we'll find it.
If the facts won't support a challenge to the circumstances of the arrest, we can then use forensic experts to examine every aspect of the breathalyzer test and its results. We can also test the credentials and training of the officer and lab technicians to see if the test was properly administered or if the device was properly calibrated. As a certified NYSDOT breathalyzer operator himself, DWI defense lawyer Barry Jacobson has a thorough understanding of just what to look for with the technical operation of the breathalyzer device.
Breathalyzer Refusal - Implied Consent Defense
Strictly speaking, refusing the breathalyzer is not a criminal offense, but a civil violation of the terms of your driver's license, by which you agree to provide a sample of your breath or blood on duly authorized demand. The civil penalty for this refusal, of course, is a year's suspension of your driver's license for a first offense.
At the Law Offices of Barry S. Jacobson, our understanding of the details of the implied consent law can often allow us to protect your right to drive after a breath test refusal pending the prosecution of the case. In many cases, particularly those involving professional drivers, we can extend your right to drive through conditional licenses and hardship hearings while we work to resolve any underlying DWI charges based on field sobriety tests, as well as the administrative implied consent violation itself.
For further information about our ability to represent you effectively on New York DWI and implied consent charges, contact the Long Island DWI defense attorneys at the Law Offices of Barry S. Jacobson in Brooklyn.