Legal Question in DUI Law in New York

Re: What are the chances of the case being dismissed?

An alco-sensor reading is not admissable in a court of law. All they can say is that the alco-sensor result was positive for alcohol, not how much.

Blood is the most reliable test to determine the level of alcohol in the system. The blood can be retested. The defense to the drawn blood, is that alcohol was used to clean the needle, the vial, or in the testing process. The test to determine the amount of blood alcohol was flawed by using the wrong instrument, by instrument failure, by not following the chain of command as to possession of the blood sample etc.

The blood sample is the hardest to contest as it is a scientific test, and juries are cognizent of scientific tests thanks to CSI.

Certain diseases such as diabetes can alter any blood test. The shock of the accident could have triggered a diabetic episode, and the blood sugar could have could have turned into blook alcohol.

The shock of the accident could have caused a concussion, which could have affected his balance and may have caused speech difficulties and confusion.

Since no one could have seen him driving, how do they prove that he was unable to drive a car because of alcohol - "the cruise test"

They can say that he was dishelved, stumbled, slurred his speech, could not recite the alphabet, or numbers, could not due the walk the straight line, or stand on one leg, etc. but these are just suggestive of alcoholisn content, not definitive.

The main test that a lawyer has to overcome is the blood test. How high was the alcohol content. How quickly was it done relative to the accident.

There are volumes of books written on the subject, and a skilled lawyer knows what the tricks are and how to cross-examine the police officers and the doctors/technician who drew and tested the blood.

It is not such an open and shut case, and should be defended. Just to give up is not really an option.If he gave up, he would have a criminal record, and if he is arrested within the next 10 years the new charge would be a felony..

These cases are never dismissed without argument and perhaps a trial. The Prosecutor always fights this to the end.

Do have your friend consult with a lawyer immediately.

Re: What are the chances of the case being dismissed?

overall, DWI cases are treated extremely seriously as a result of the many deats due to drunk drivers.. I rarely ever see such cases dismissed, unless there are some extreme circumstances, However based on the amount of alcohol in the defendants system, as well as the Court, there may exist a good chance of ensuring that he does not end up with a criminal record.

As far as the property you may simply be out of luck... as any property that is not loggrd in would inherently be very difficult to prove was present.

If you have any further questions feel free to contact my office at 212.709.8303