The holidays are always a time for peak DUI enforcement, as police take to the streets with the assumption that party goers will be driving under the influence. And, to a certain degree, the police are not wrong. The fact is, drunk driving is more common over the holidays, this is especially the case in years like this year, where Christmas Eve and New Year’s Eve fall on a Friday. However, just because you were arrested for a New York DWI does not mean that you will be found guilty. There are many defenses available in a DWI case; it’s just a matter of determining which one best fits your case.
One of the most successful defenses to a DWI case is a motion to suppress any evidence recovered as a result of an illegal stop. At almost every stage of a criminal investigation, police officers must possess some evidence that the person they are investigating committed a crime. For example, before a police officer can pull over a driver, they must have reasonable suspicion that the driver committed a crime or probable cause to believe they committed a traffic violation. In the context of a DWI, this is often some type of dangerous driving. Once a police officer pulls a driver over, however, they must respect the driver’s constitutional rights to be free from unreasonable searches and seizures. Thus, it is only if the officer develops probable cause that the driver was under the influence that they can arrest the driver for DWI. Some of the factors that police rely upon when making this determination include:
- Red or bloodshot eyes,