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3 Most Common DUI Defenses


If you’ve been arrested and charged with DUI, you must talk to a DUI attorney as soon as you can. You need to understand that you are facing serious charges and that a conviction could lead to, among other things, jail time. You might be thinking there’s no way for you to defend yourself, but an attorney knows exactly how to defend you. It might be a challenging job, but DUI attorneys have been trained to defend people facing DUI charges. An experienced attorney can work with you to develop an effective defense strategy that can help you get the best possible outcome. Below are three of the most common, effective DUI  that attorneys use to defend against DUI charges.

Unlawful Stop

Law enforcement officers are only allowed to stop a driver if they have probable cause to conduct the traffic stop. For example, if an officer has a reasonable basis to believe a traffic law has been broken, they can stop a driver. Generally, an officer cannot just stop a driver randomly. If after you asked the officer who stopped you why they pulled you over, the officer did not have an answer that showed they had probable cause to stop you, the traffic stop may have been a violation of your right. If that is the case, and you can prove it, any evidence the officer gathered during the traffic stop may be deemed inadmissible.

Inaccurate Breath Alcohol Content Test Results

Chemical breath testing is prone to all sorts of errors. Anything from an improperly calibrated breathalyzer, to an inadequately trained officer, to medication could mean that your BAC test results are inaccurate. If you believe your BAC test results are inaccurate, for example, because you had not had anything to drink before the traffic stop, it is possible to challenge those results. An attorney can help you determine breath testing problems that may produce a valid defense to the BAC test results presented in your case.

Field Sobriety Test Is Invalid or Inaccurate

An attorney can help you challenge the results of a field sobriety test (if you underwent one). For example, an attorney can argue that a field sobriety test was administered improperly. If, for instance, the officer did not explain the test to you clearly, your attorney may bring that up and use it as a defense. Your attorney can also use the qualification of the officer who conducted the test to challenge the validity of the test results.

On top of arguing that results are incorrect, an attorney can also argue that an unofficial field sobriety test was conducted. For example, a field sobriety test can be challenged if the officer that stopped you asked you to recite the alphabet backward.

Below are the standardized field sobriety tests in New York;

  1. Walk and turn
  2. The horizontal gaze nystagmus
  3. One-leg stand

Reach out to an NYC DUI Attorney

If in NYC and you’re facing DWUI charges and believe you have reason to challenge the legality of a traffic stop, BAC test results, or field sobriety test, contact Mark I. Cohen, Esq., the dedicated NYC DUI/DWUI/DWAI attorney at 212-732-0002 today.

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"... Mr. Cohen's effort... in everything he has done before the Court, is A-Plus... [R]ecently, in another case... [before me], the result he achieved for his client... was quite impressive." Honorable Kenneth M. Karas, United States District Judge for the Southern District of New York.


"So I have very sophisticated counsel here and, Mr. Cohen, [your client] is very fortunate in having you as his attorney, and I hope he appreciates that." – Quote from the Honorable Denise L. Cote, United States District Judge for the Southern District of New York.


"As Mark Cohen, a defense lawyer who has tried cases throughout the city and was a prosecutor in the Bronx, pointed out, there is a saying among defense lawyers in New York." – As provided in the New York Times City Room Blog.

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