In order to convict you of a New York DUI / DWI charge, the prosecutor must prove every element of the drunk driving charges against you beyond a reasonable doubt. The elements of the offense in a New York DUI / DWI accusation are that you were driving a vehicle while under the influence of alcohol or other drugs, or were in violation of New York’s “per se” laws, which state you cannot drive with a blood alcohol content (BAC) of .08 or greater.

If jurors find that the prosecutor in your drunk driving case has failed to prove even one element of the offense beyond a reasonable doubt, you cannot be convicted. An experienced New York DUI / DWI lawyer from the Law Offices of Adam Perlmutter will use a proven defense strategy to demonstrate to the jury that one or more of the elements of the offense of drunk driving were not proven beyond all reasonable doubt.

The elements of the offense of New York DUI / DWI are fairly straightforward, but proving them beyond a reasonable doubt isn’t as easy as it may seem. For example, many New York DUI / DWI arrests occur after police encounter drivers in parked cars or checkpoints. Depending on the circumstances, it may not be possible for a prosecutor to prove beyond a reasonable doubt that the individual was driving poorly.

Other elements of the offense of New York DUI / DWI are also quite technical and open to interpretation. For example, the element of being intoxicated is typically proven with circumstantial evidence such as field sobriety test performance. However, in many cases, a driver’s performance on a field sobriety test can just as easily show that the individual wasn’t impaired.

Our criminal justice system relies on a simple standard of proof: all of the elements of a criminal offense must be proven beyond reasonable doubt. That level of proof is even higher than what the State needs to show to take a child away from his or her parents. It is designed to protect your rights and ensure you receive a fair trial. A skilled New York DUI / DWI lawyer from the Law Offices of Adam Perlmutter will aggressively fight the charges against you to ensure that your rights are safeguarded.

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