If you have been arrested and charged with a DWI you might know that the outcome of your case could have significant repercussions – especially if you are found guilty. For this reason, it is a good idea to retain the services of a skilled DWI lawyer who may be able to use a broad range of defenses to have your charges reduced or dropped.
The Most Common DWI Defenses
As a DWI lawyer might explain to you the most common defenses to driving while intoxicated may focus on the act of the driving itself or in the way police obtained evidence.
If you have been charged with a DWI or DUI, but the prosecutor is unable to prove your were driving, your lawyer might focus on this. Another way in which a defense could success is when the police officer did not have any probable cause to stop you, or you were never read your Miranda Rights.
There as many different defenses that could potentially be used for your DWI charges. The following are the most common:
You Were Not Driving – In this type of DWI defense, your intoxication is not enough; rather, the prosecutor must also prove you were driving. In general, this defense might apply when there was an accident and no witnesses to back up the allegations of you being the driver.
Probable Cause – It is not uncommon for evidence to be suppressed when the police officer did not actually have any probably cause to stop, search, detain, and arrest you. If a DWI/DUI checkpoint was involved in your arrest, this defense may become complicated.
Your Miranda Rights Were Not Read – By law police officers must read you your Miranda Rights at the time of your arrest. If they were not given at the right time, were read wrong, or you did not understand them, a DWI lawyer might use this to aid in your defense.
Implied Consent – A police officer should advise you of any potential consequences should you refuse a breathalyzer or other chemical testing. If they did not warn you of these consequences, the test results may be inadmissible evidence.
Observations of Being Under the Influence – It is possible to question the observations of the police officer in regards to your alleged intoxication. For example if the officer claims you were “falling” all over the place, the nature of what actually he or she considers to be “falling” could be questioned.
Your BAC – There can be many problems with the results of your blood alcohol content, breath, or urine test. Known defects can be attributed to all three types of testing. A good DWI lawyer may analyze the results, the way the tests were done, the breathalyzer machine, and other parts of the testing to determine whether any mistakes were made.
Depending on what the circumstances of your case might be, additional defenses may be available. Before you pursue a DWI case on your own, you should talk with a DWI lawyer.