When you’re charged with a DWI (driving while intoxicated/impaired) offense, you’re entitled to put on a defense with the help of an experienced criminal defense lawyer. In most criminal actions, the accused remains innocent until proven guilty. That’s why if you’re facing a DWI charge, you can still defend and save yourself from the legal consequences, such as suspension of driver’s license, installation of ignition interlock devices, jail time, and payment of hefty fines.
To get out of a criminal trouble, this article will show you a few effective strategies for defending DWI cases similar to yours.
- No Probable Cause For The Arrest
Just like other crimes, the police officer needs probable cause to effect an arrest involving a DWI offense. This means that you can’t stop a vehicle, investigate, and arrest a driver if you have no reason to believe that they committed a violation of the DWI laws in your state.
Typically, the probable cause for a driving while intoxicated/impaired arrest comes from the police officer’s observations and, more importantly, the results of the breathalyzer test. For example, the police officer, upon the pull over, will say that you smell of alcohol and have slurred speech. However, if you believe all these findings are false or inaccurate, you can deny the charges on the ground that there’s lack of probable cause for the arrest.
To prove it, you should work with a lawyer to help you with the evidence. In case you need help in hiring the appropriate advocate, do some online search to find out more information and make the decision process easier and faster.
- No Miranda Warnings Given
Another important strategy for defending yourself in a DWI case is to raise the defense that no Miranda warnings were given to you. Ultimately, the Miranda warnings consist of notifications given by the police officers to criminal suspects in custody, advising them of their rights. These can include the right to remain silent, refuse to answer questions to the police officer, and even the right to a competent and independent counsel.
Hence, if you’re suspected as a DWI offender who was held in police custody but wasn’t given the Miranda warnings, then, you can invoke that circumstance as a defense against the crime charged.
- Improper Administration/Inaccuracy Of Breathalyzer Test Results
In most states, driving beyond the required BAC (blood alcohol content) level is punishable under the law. However, having a higher result of BAC through a breathalyzer upon your pull over doesn’t necessarily mean you’re driving on the road while intoxicated/impaired. Although a breathalyzer test can prove intoxication, there are times that the results can be challenged due to a variety of reasons.
For example, if you’ve been charged with DWI, your lawyer may contend that the breathalyzer test was improperly administered or there were intervening factors during the administration, such as indigestion or vomiting. Also, you may question whether the device was calibrated and maintained properly prior to the administration.
- Rising Blood Alcohol Concentration Defense
When you consume alcohol, it usually takes, more or less, 45 minutes to three hours before it can be fully absorbed into the system. This is commonly known as the rising blood alcohol concentration. Luckily, you can make use of this concept when looking for a strategy for defending yourself in your DWI case.
For instance, your lawyer may claim that your BAC level was below the legal limit while you’re driving, but it increased between the time you were asked to pull over and the time the test was administered. This is undeniably possible given the principle of ‘rising blood alcohol concentration.’
- Unreliability Of The Field Sobriety Test
In most cases, field sobriety tests are used by the police officers to determine whether a suspected DWI violator is intoxicated with alcohol or any other dangerous drugs. For example, if you’ve been asked to pull over, the police officer will request you to walk in a straight line. But, when you can’t do it perfectly, you may get arrested for a driving while intoxicated/impaired offense.
However, it’s important to note that field sobriety tests can become unreliable due to several factors. These can include situations wherein you weren’t able to hear what the authorities were saying because of the noise coming from the cars on the road.
Therefore, if you believe the test conducted to you was inaccurate or unreliable, you should get yourself represented by a good lawyer to help you get the most out of this defense in your favor.
Realistically speaking, being charged with DWI can be a very frustrating experience. If you don’t know what to do and where to start, you may end up getting convicted and facing serious legal consequences in the long run.
So, if you want to get your normal life back and prove your innocence on the matter, keep these strategies in mind, including the hiring of a criminal defense lawyer. That way, you can help yourself defend your case and dismiss the charges against you.