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Field Sobriety & Breathalyzer Tests

Syracuse, New York, DWI Defense Attorneys

Just because a police officer says you failed a field sobriety or Breathalyzer test, that does not mean the case against you is open and shut. There are many ways an experienced defense attorney may be able to defeat a DWI charge. Your money and your driving privileges may be on the line. Don't give them up without a fight.

Challenging the Initial Stop

The first step in any DWI defense should be to take a hard look at the initial traffic stop that led to the DWI arrest. Police officers are required to have reasonable suspicion to stop you. If proper police procedures were not followed, and your attorney can prove there was no valid reason to stop you, it is often possible to have DWI charges reduced or dropped altogether.

Fighting Blood Alcohol Evidence

What do police officers, prosecutors and defense lawyers know about DWI cases that most other people don't? Field sobriety and Breathalyzer tests are notoriously unreliable at determining actual blood alcohol content. Even in cases in which the police officer conducting the field sobriety test is properly trained, the results are still subjective. Field Breathalyzer machines have maintenance and calibration problems. In short, if you were arrested based on field sobriety test and breath test evidence, don't give up. Talk to an experienced attorney.

Test Refusal

Most people know that refusing to take a breath or blood test can have serious consequences, including fines and lengthy license suspension. What few realize is that you can be charged with refusal if a Breathalyzer fails to register your attempt to comply. For some people, particularly those with asthma or another breathing difficulty, it may be difficult or impossible to blow hard enough to complete a breath test. This has resulted in innocent people being charged with breath test refusal.

Contact Our Offices To Discuss Your Case

We invite you to call the independent law offices of Joel N. Melnicoff and Albert D. DiGiacomo today at 315-254-2216 or toll free at 888-339-1757 to schedule a free consultation. You can also contact us by e-mail with any questions or to schedule an appointment with a lawyer to discuss your options in fighting a DWI charge.

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Office Location

Joel N. Melnicoff & Albert D. DiGiacomo
120 E. Washington St., Room 622
Syracuse, NY 13202
Phone: 315.254.2216
Toll Free: 888.339.1757
Fax: 315.474.7484
Map and Directions

Albert D. DiGiacomo
246 North Main St., Suite 201
Herkimer, NY 13350
Phone: 315.254.2216
Toll Free: 888.339.1757
Fax: 315.474.7484
Map and Directions