Larkin Ingrassia Andrews Criminal Defense Attorneys | August 26, 2026 | DWI
A DWI arrest does not automatically mean a conviction. It can feel that way, but an arrest is an accusation, not a verdict. New York prosecutors still have to prove the charge beyond a reasonable doubt, and that burden is higher than many people charged with DWI realize. There is no single defense that wins every DWI case.
What works depends entirely on the facts. That’s why an experienced New York DWI lawyer examines the entire timeline, from the moment police decided to pull you over, through field sobriety and chemical testing, to the arrest itself. Below are some of the most common ways you can defend yourself from these charges and the potential penalties.
Challenging the Stop
Police generally need a lawful basis to stop your vehicle, such as a traffic violation or reasonable suspicion of criminal activity. If your defense lawyer can show the officer had no legal justification for the stop, evidence obtained as a result, including test results or statements, could be suppressed.
This puts pressure on the prosecution and can lead to charges being reduced or even dismissed entirely. Your attorney will review all evidence to spot these types of issues, including dash cam and body cam footage, police reports, and anything else relevant to the situation.
Fighting Chemical Test Results
Breath, blood, or urine results are a big part of a DWI case, but mistakes can happen. Defenses might include issues with how the sample was collected, whether the machine was properly calibrated, or even medical situations (like acid reflux, diabetes, or a strict diet) that can affect results.
If police don’t follow strict protocols, there can be lab errors, mix-ups, or machine malfunctions, which can lead to fights about the accuracy of the results. Disputing these test results can hurt the prosecution’s case and could even lead to them being excluded.
Insufficient Evidence of Intoxication or Operation
Sometimes the strongest defense is just arguing that the prosecutor can’t prove their case beyond a reasonable doubt. This could mean that there is no evidence that the defendant was actually driving or in control of the vehicle, or no evidence that they were intoxicated.
For example, if the police arrived after an accident and didn’t actually see you behind the wheel, it can be very hard for them to prove you were the driver, especially if someone else was in the car. However, operation can also be proven through circumstantial evidence.
Additionally, you may argue that your behavior or appearance wasn’t actually caused by alcohol or drugs, and there aren’t any solid test results to show that you were impaired.
The Rising BAC Defense
The rising BAC defense argues that your blood alcohol concentration was actually below the legal limit while you were driving, but rose to an illegal level by the time you took a chemical test.
Because alcohol takes time to absorb into your bloodstream, it’s possible that you had just finished drinking right before you were stopped, meaning your BAC continued to climb while you were waiting for the test.
Contact Larkin Ingrassia Andrews Criminal Defense Attorneys To Schedule a Free Consultation With an Orange County DWI Attorney
The worst mistake in a DWI case is assuming it can’t be fought. Depending on the facts, there may be grounds to challenge the traffic stop, chemical test results, evidence of operation, or other parts of the prosecution’s case. It’s important to speak with a criminal defense lawyer as soon as possible. Be cautious about speaking with police, as statements you make may be used against you.
Our team has significant experience handling DWI cases in New York, and we’ll do everything we can to help. Call Larkin Ingrassia Andrews Criminal Defense Attorneys today to schedule your free case consultation with an Orange County DWI lawyer.
We conveniently serve 3 locations in New York: Middletown, Newburgh, and Kingston.
We proudly serve Orange County, Ulster County, and their surrounding areas:
Larkin Ingrassia Andrews Criminal Defense Attorneys – Middletown
626 E Main St
Middletown, NY 10940
(845) 566 5345
Larkin Ingrassia Andrews Criminal Defense Attorneys – Newburgh
356 Meadow Ave
Newburgh, NY 12550
(845) 566-5345
Larkin Ingrassia Andrews Criminal Defense Attorneys – Kingston
233 Fair St Suite #1
Kingston, NY 12401
(845) 566-5345