Defenses Against DWI Charges
A DWI charge can lead to severe consequences, including hefty fines, jail time, a permanent criminal record, and a suspended driver’s license. To combat these charges, our team utilizes a variety of defenses to protect your rights and challenge the evidence against you.
One common defense involves violations of constitutional rights. If your rights were infringed upon during your arrest or detainment, we can challenge the legality of the arrest and seek to have any evidence collected dismissed. For instance, if police officers conducted an illegal search or failed to read you your Miranda rights, these actions could be grounds for dismissing the charges.
Breathalyzer tests, often used to gauge blood alcohol content, can also be challenged. These tests may produce inaccurate results if you recently burped, used mouthwash, have diabetes, or are on certain medications. Additionally, we can scrutinize whether the breathalyzer was properly calibrated and if the individual administering the test was licensed to do so.
Blood tests, another method used to determine BAC, must adhere to strict protocols to be accurate. We examine the procedures followed during the blood draw and any potential issues with the sample or testing methods to ensure the results are reliable.
Another defense strategy focuses on illegal stops. Police need a valid reason to pull you over. If they lacked probable cause and stopped you anyway, we can challenge the stop and any evidence gathered as a result. Common reasons for lawful stops include erratic driving, speeding inconsistently, or failing to maintain lane position.
Our team can also argue that the prosecution cannot prove every element of the DWI offense beyond a reasonable doubt. For instance, proving that you were in actual control of the vehicle can be challenging if you were merely trying to sleep off the effects of alcohol with the keys not in the ignition.
Field sobriety tests, which law enforcement sometimes uses to assess impairment, are known for their inaccuracies. These tests can produce false positives due to various factors like injuries, age, or certain medications. We challenge these results to ensure they do not unfairly influence your case.
Finally, affirmative defenses such as duress or mistake of fact may apply. If you were compelled to drive due to threats or had a reasonable mistaken belief that negates your culpability, we can present this evidence to defend you effectively.