close search ×
gavel on side

What Defenses Can I Take Against My DWI Charge?

If you are charged with a DWI violation, you have a lot to consider when it comes to your legal situation. That is, with this being a criminal matter, you may be sentenced to jail time, hefty fines, license suspension, and even a permanent criminal record that can hurt your future opportunities. This is why you must explore all your possible defenses, if any apply to the circumstances of your being pulled over. Continue reading to learn what defenses you can take against your DWI charge and how an experienced Spring Valley DWI defense attorney of The Law Office of Kevin T. Conway can fight on your behalf when the time comes.

What defenses can I take against the field sobriety tests associated with my DWI charge?

Whenever a law enforcement officer pulls someone over on suspicion of driving while intoxicated, they must conduct field sobriety tests to confirm the level of intoxication. Examples of different field sobriety tests read as follows:

  • The Horizontal Gaze Nystagmus test.
  • The One Leg Stand Balance test.
  • The Walk and Turn test.
  • The Head Tilt test.
  • The Finger to Nose test.
  • The Reciting the ABCs test.
  • The Counting test.

The officer must follow a specific procedure for these tests, or else it will be considered illegally conducted. So, you can argue that you unfairly failed a field sobriety test, and subsequently received a DWI charge, if any of the following scenarios apply to you:

  • The officer did not recite all the instructions for the test.
  • The officer did not demonstrate the test to you.
  • The officer did not allow you to remove your high heels.
  • The officer ignored your health issues that impacted the test.

What other defenses do I have against my DWI charge?

Along with arguing the illegally conducted field sobriety tests, you can argue any of the following:

  • The officer conducted an illegal traffic stop: the officer did not adhere to certain laws when conducting the traffic stop. In this case, the New York court may have to reduce or dismiss their charges against you.
  • Your health issues were not considered: for example, certain medications can make establishing your blood alcohol content much more difficult, if not impossible.
  • There is compromising footage of your traffic stop: many of New York’s police departments require their officers to record traffic stops on video. If the footage is compromising, the New York court may have to reduce or dismiss their charges against you. And if there is no footage, your case will be based on their word against yours. Rest assured, a skilled Rockland County criminal defense attorney can request this footage on your behalf. So give our firm a call today.


Attorney Conway is a Spring Valley criminal attorney and is also experienced in commercial law matters, zoning law, and estate planning. Contact The Law Office of Kevin T. Conway for a free consultation today.

Our Recent Blogs
Read More Blogs
Website Designed & Managed by