1. Start with the Charge, Court Date, and License Notices
The charging document identifies what prosecutors must prove. State law distinguishes alcohol impairment, intoxication, and offenses based on a specified blood alcohol concentration. A DUI and DWI defense review should address the filed offense rather than treat “DUI” as one charge.
Confirm the Court and Next Appearance
NYC Criminal Court handles misdemeanors, lesser offenses, and initial felony proceedings. Felony prosecutions generally proceed in the county Supreme Court Criminal Term after indictment or another authorized charging route. Confirm the borough, case number, courtroom, and date against the current court record. The relevant county District Attorney prosecutes ordinary state criminal cases.
Separate State Law from Constitutional Protections
State vehicle and traffic law governs ordinary DWI charges and chemical-test refusal proceedings. Federal and state constitutional protections govern searches and seizures. Raising a federal constitutional issue does not turn a state prosecution into a federal case. Borough differences concern court administration rather than separate BAC standards.
2. Examine the Stop and Evidence of Vehicle Operation
The prosecution must prove the charged offense beyond a reasonable doubt. The justification for the stop and the evidence identifying the operator require separate analysis. A test result alone answers neither question.
Compare the Stop Reason with Recordings
Identify what the officer observed before stopping the vehicle. Compare the claimed traffic violation with police footage, dispatch information, and available surveillance. Checkpoints require a different analysis from individual stops. Later signs of intoxication do not automatically establish that the initial stop was lawful.
Determine What Establishes Operation
Relevant evidence includes witness observations, admissions, seating positions, recordings, and vehicle condition. Operation does not always require an officer to see a moving vehicle. Engine status and surrounding circumstances can matter when police encounter someone in a stationary car. Establish what each witness actually observed.
3. Distinguish Roadside Screening from Chemical Testing
Field sobriety exercises, roadside breath screening, and later chemical testing serve different purposes. Examine the instructions, conditions, and records for each. Refusal of one procedure should not automatically be treated as refusal of another.
Assess Field Sobriety Conditions
Uneven pavement, lighting, footwear, injuries, and medical conditions may affect walking or balance exercises. Video can show the officer’s instructions, whether the person understood them, and what occurred before the reported signs of impairment.
Check Breath-Test Records
Examine the result printout, test timing, operator qualifications, and equipment maintenance or calibration records. Discovery requirements cover relevant instrument records, including certain records from six months before and after testing. A discrepancy calls for an explanation of its effect on reliability; it does not automatically invalidate the result.
Review the Authority for Blood Collection
A lawful DWI arrest may support a warrantless breath test under the search-incident-to-arrest exception. That exception alone does not authorize a blood draw. Examine any warrant, consent, or other asserted exception, then review collection procedures, sample identification, storage, transfers, and laboratory analysis.
4. Review a Refusal Separately from the Criminal Charge
A DMV chemical-test refusal hearing addresses license consequences independently of the prosecution. Dismissal or acquittal does not automatically resolve that proceeding. A suspended driver’s license review should identify each restriction because multiple legal grounds may affect driving privileges.
Examine the Warning and Response
The statutory hearing considers reasonable grounds to believe the person operated unlawfully, a lawful arrest, sufficient warning, and an actual refusal. Compare the report with recordings of the request and response. Language difficulties, medical limitations, or unsuccessful attempts to provide a sample require factual examination rather than assumptions.
Follow the DMV Hearing Notice
Contact DMV’s Division of Safety and Business Hearings about scheduling or adjournments. The statutory 15-day provision concerns providing a refusal hearing after arraignment and reinstatement pending a hearing when applicable. It is not a general deadline for drivers to request one. Reinstatement under that provision does not remove a separate license restriction.
5. Preserve Records and Identify Missing Evidence
Create a timeline and retain original files. Notices establish scheduling obligations, while recordings and test records help evaluate disputed facts. Private surveillance may be overwritten before criminal discovery supplies other evidence.
Gather Available Materials
Keep charging papers, release conditions, court and DMV notices, original recordings, test printouts, relevant medical records, and witness details. Note each item’s source. Preserve complete files rather than selected clips or edited screenshots.
Compare Disclosure with the Timeline
Discovery can include police recordings, statements, scientific reports, and testing records. Disclosure periods depend on custody status and statutory exceptions or extensions. Identify missing materials and ask whether they exist, were preserved, and must be disclosed. Bring the timeline and notices to a criminal defense consultation so the discussion addresses disputed evidence and upcoming proceedings.
27 Oct, 2026
