Here’s how I approach building a strong defense in a Suffolk County DWI, drawn from decades in local courts and countless hours reviewing videos, calibration logs, police reports, and testimony. Every case is different, but these are the defense angles I routinely explore to protect your license, record, and future.
A DWI case often rises or falls on the legality of the traffic stop. If there was no reasonable suspicion for the stop—no specific, valid reason such as a moving violation or observable safety issue—everything that followed can be challenged. I scrutinize dash and body-worn camera footage, radio runs, 911 calls, and the narrative in the paperwork to test whether the initial stop complies with constitutional standards. If it doesn’t, we move to suppress the observations, roadside tests, and any chemical test that came after.
Even if the stop was valid, the arrest itself must be supported by probable cause. Bloodshot eyes, a faint odor of alcohol, and nervousness don’t automatically equal impairment. I look for objective indicators the officer did—or didn’t—record: driving pattern just before the stop, quality of roadside instructions, whether you produced documents smoothly, how you exited the vehicle, and how you stood or walked. When those observations are thin or contradicted by video, credibility becomes an issue, and probable cause can be attacked.
Standardized Field Sobriety Tests (SFSTs) depend on strict instructions and scoring. Small deviations by the officer can distort results. Footwear, age, injuries, vertigo or balance conditions, surface slope, weather, lighting, and traffic distractions all matter. I evaluate whether the officer used standardized instructions, demonstrated correctly, allowed proper practice, and recorded performance accurately. Non-standard tests (like touching your nose or reciting the alphabet) carry less weight and can be excluded or discounted.
A breath reading is not a conviction by itself. The device’s maintenance, calibration, and operator certification must be in order, and the test must follow required protocols. I request instrument maintenance records, accuracy checks, simulator solution certificates, and operator training files. I also examine the observation period—was there an uninterrupted period to guard against burps, regurgitation, or residual mouth alcohol? Medical conditions such as GERD, dental work, or recent use of mouthwash can affect readings. If the breath sample was taken outside required timing windows or procedures were cut short, suppression or exclusion may be warranted.
If your case involves a blood draw, we’ll verify that a qualified person drew the sample with proper antiseptics, the vials were sealed with intact preservatives, and every handoff is documented. Even minor chain-of-custody gaps can raise doubt. In the lab, we look at instrument calibration, control runs, analyst qualifications, and whether the lab followed validated methods. When appropriate, I consult with toxicology experts to challenge contamination, fermentation, or calculation errors.
Alcohol absorption and elimination vary by body weight, food consumption, and time. If the test occurred well after driving, your blood alcohol concentration could have been rising, meaning you may have been under the legal threshold when actually operating the vehicle. I often use timelines built from videos, dispatch logs, and booking records to show why a later test overstates BAC at the time of driving.
Any statement must be examined: Was it the product of an unlawful stop or arrest? Were you in custody when questioned? Were Miranda warnings given at the appropriate time, and did the officer continue questioning after you invoked your rights? I file motions to suppress statements obtained in violation of your constitutional protections or where coercive conditions cast doubt on voluntariness.
Video is powerful. I compare each written observation to what’s on camera. Calm speech, steady gait, careful driving, and appropriate responses to questions can undercut generalized claims of impairment. When the video contradicts the paperwork, that inconsistency becomes a central theme at hearings and, if necessary, trial.
Not every sign the police attribute to intoxication actually comes from alcohol. Allergies, fatigue, contact lenses, diabetes, neurological or orthopedic conditions, and anxiety can explain red eyes, unsteady balance, or slurred-sounding speech. Cold, wind, darkness, and sirens can also impair test performance. I work with you and, when needed, medical professionals to document these alternative explanations.
New York procedure allows for targeted hearings to challenge the stop, arrest, statements, and chemical tests. These hearings force the prosecution to put officers on the stand early, which gives us an opportunity to test their memory, training, and adherence to protocol—and to secure sworn testimony we can use at trial. Success at these hearings can narrow or even end the case.
If you allegedly refused a chemical test, a separate DMV hearing determines whether your license remains revoked pending the court case. I prepare you for that hearing, challenge whether warnings were properly given, and cross-examine the officer on the clarity and timing of those warnings. Winning or limiting damage at the DMV can be critical to maintaining your ability to work and care for your family while the criminal case proceeds.
Simple details matter: when the stop occurred, when you were arrested, when the test was offered, how long the observation period lasted, and when booking and testing were completed. I cross-reference time stamps across body-camera files, station videos, breath logs, and forms. Discrepancies can support suppression or cast significant doubt at trial. I also examine whether all required documents were properly completed and served during discovery.
In some cases, the best defense is that you weren’t actually operating the vehicle within the meaning of the law, or that you operated briefly for safety reasons—moving the car to avoid danger, seeking help during an emergency, or sitting in a parked car with the engine off to avoid driving. Facts drive these defenses, but when they apply, they can be case-dispositive.
Each courthouse and judge expects different things from counsel. I practice in these rooms week after week. That familiarity helps in negotiating charge reductions, securing treatment-based outcomes when appropriate, and positioning your case for the best resolution—whether that’s suppression, dismissal, a reduction to a non-criminal disposition, or a trial.
If you’ve been charged, gather what helps us build a record: names of witnesses, receipts showing food intake, medical documentation, and any texts or ride-share logs that help establish your timeline. Save your phone’s location history if available. Write down everything you remember about the stop and your interactions with officers. These details often become vital months later.
I start by obtaining body-cam and dash-cam video, breath or blood records, and complete discovery. I then map a strategy tailored to your facts—whether that centers on suppression, scientific challenges, or a parallel plan that aims for a charge reduction. Throughout, I keep you informed, explain options in plain language, and prepare meticulously for every hearing.
Every case is unique, but my goals are consistent: protect your license, avoid a criminal record when possible, and minimize fines, surcharges, and collateral consequences like employment and insurance problems. I am aggressive in pursuing reductions to non-criminal violations where the evidence supports it, and I’m ready to take your case to trial if that’s the best path.
If you’re facing a DWI in Suffolk County, you don’t have to navigate it alone. I’ve spent more than three decades defending Long Islanders and was honored to be voted Best Lawyer on Long Island for five consecutive years. Let’s talk about your specific facts and build the right defense for you. Reach out for a free, confidential consultation today.