Introduction
Driving while intoxicated (DWI) is a grave offense in many countries, and it has severe legal consequences that can affect an individual’s life significantly. Thus, understanding the defense strategies that a defendant can use to minimize or avoid the penalty of a DWI charge is crucial.
In this article, we will discuss some of the primary DWI defenses at a glance.
Challenging the Stop
The primary defense against a DWI charge is challenging the stop. Law enforcement officers need to have a valid reason to stop a vehicle. If the officer stops a vehicle without probable cause, any evidence obtained at the scene, including breath or blood tests, can be suppressed.
Challenging Field Sobriety Tests
Field Sobriety Tests (FSTs) are used by law enforcement officers to determine whether a driver is intoxicated. However, the accuracy of these tests is doubtful and often challenged in court. A defense attorney may argue that their client’s performance on FSTs was due to an injury or medical condition rather than impairment.
Challenging the Breathalyzer Test
Breathalyzer tests are commonly used to estimate an individual’s blood-alcohol concentration (BAC) level. However, the accuracy of these tests can be challenged in court. Factors like medical conditions or incorrect calibration could contribute to an inaccurate reading.
Challenging Blood Tests
Blood tests are the most accurate way to measure blood alcohol concentration. However, procedural errors in the collection or handling of blood samples may bring the accuracy of the test into question. Additionally, a defendant may argue that their BAC level was higher at the time of their driving due to alcohol absorption in the body.
Challenging the Arrest
A DWI charge requires that a defendant is arrested for driving while under the influence of drugs or alcohol. If law enforcement officers fail to follow proper procedures during the arrest, or if there is not enough evidence to support the arrest, the charge may be dismissed.
Conclusion
It is essential to understand the various DWI defenses available in case of a DWI charge. Challenging the stop, field sobriety tests, breath tests, blood tests, and the arrest, are some of the primary defenses that can be used. It is crucial to consult with an experienced DWI defense attorney to identify the best course of action in your case. Remember, the best way to avoid a DWI charge is to avoid driving while under the influence of drugs or alcohol by having a designated driver or using ride-sharing services.
If an individual is charged with driving while intoxicated, he/she will experience adverse consequences of this conviction for an extended period. He/she will be required to pay large fines and his/her insurance costs will increase.
An individual convicted of this offense may also lose his/her license for a significant duration of time. Therefore, if an individual has reason to believe that he/she was falsely accused of driving while intoxicated, it is important that he/she fight the accusation. In order to successfully appeal a DWI charge, an individual should employ a DWI defense attorney. Laws regarding driving while intoxicated can be very confusing and overwhelming.
An attorney who has experience handling DWI cases will be familiar with the pertinent legislation and the most effective DWI defense techniques.A DWI defense attorney is an individual who specializes in DWI law. It is very difficult for an individual to appeal a DWI charge without the assistance of a DWI defense attorney. This is because DWI cases often appear to be black and white. If the breathalyzer indicates that an individual’s blood alcohol level exceeds the legal limit, that he/she was driving while intoxicated.
If an individual is not familiar with DWI defense tactics, he/she will find it difficult to dispute this. However, a DWI attorney knows which defense methods are successful in combating DWI charges. Currently, there are many attorneys throughout the United States who specialize in DWI defense. If an individual believes that he/she was falsely accused, he/she should contact a DWI defense attorney.
