Being charged with a DWI (driving while intoxicated) offense, which is commonly known as drunken driving, can be a traumatic experience, especially if you’re found guilty. Aside from hefty fines and penalties, a DWI conviction comes with serious legal consequences, such as jail time, suspension or revocation of driver’s license, and many more, since it’s one of the most common causes of fatal car accidents. Luckily, you can beat a DWI charge by employing some defenses. As an accused, you still have the right to defend yourself and prove your innocence in court.
So, if you believe you shouldn’t be charged with DWI, below are a few ways to fight this type of case:
Prove That There’s Lack Of Probable Cause For The Stop
Just like other serious criminal offenses, probable cause is required to stop, detail, and arrest a person for a DWI charge. If there’s lack of probable cause, the offense will be dismissed. When it comes to the determination of probable cause, the police officer should have a reasonable belief that you committed a crime before you’re asked to stop your car, perform a DWI investigation, and arrest you for the said crime.
Thus, if you want to prove the absence of probable cause for the stop, you should work with an experienced lawyer. They have the knowledge and skills to help you prove that the police officer has no probable cause, and, therefore, any evidence obtained can’t be used against you. For example, if you’re driving at dawn and hadn’t committed any traffic violation, but you’re pulled over because you’re still on the road after bar time, then, the lawyer can raise the defense of lack of probable cause for the DWI charge. So, if you’re looking for the perfect person who can defend you, you can click here to get more information.
Raise The Defense That Breathalyzer Tests And Field Sobriety Tests Are Inaccurate
Typically, DWI breathalyzers are the most common type of test for determining the BAC (blood alcohol concentration) level inside your body. However, these breath tests don’t usually provide accurate results, which is why they can’t be used as evidence to prove your guilt for a DWI charge.
To properly use the inaccuracy of breathalyzer tests as a defense against your offense, the following are the things you can use:
- The device’s margin of error
- Improper use, calibration, and maintenance of the device by the police officer
- Physical differences between drivers that influence the partition ratio.
Apart from the breathalyzers, field sobriety tests may also be used to refute your alcohol impairment while driving. That’s because they’re considered inaccurate due to the following explanations:
- Bad weather conditions
- Uneven surface conditions
- Officer-induced intimidation
- Poor lighting
- Poor footwear
- Uncoordinated driver
Disprove The DWI Charge Using The ‘Rising Blood Alcohol’ Defense
Generally, alcohol can take 45 minutes to three hours after drinking before it can be fully absorbed by your body. For example, if you’ve just finished drinking and you’re investigated for a DWI charge, then, the alcohol level inside your body may not have attained its peak absorption rate. Consequently, your blood alcohol level is still increasing, which can lead to false or inaccurate high DWI BAC result.
Therefore, if you believe that there’s a significant delay between the time you’re pulled over and the time the BAC test is administered, you may use the ‘rising blood alcohol’ as a strong defense against your DWI offense. In doing so, you may need the assistance of a reliable lawyer to handle the case for you.
Deny The Allegations Using Your Medical Conditions
If you’re suffering from medical conditions, such as acid reflux, heartburn, or gastroesophageal reflux disease, you may use these conditions to deny the DWI allegations against you.
That’s because the presence of any of these diseases may contaminate your blood alcohol level and cause a falsely high BAC test result. And, to effectively fight a DWI case, you should consult a lawyer to make sure you can prove that the high BAC result has been caused by a certain medical condition, such as the ones mentioned above.
Knock Out Your DWI Charge With Police Conduct
Even if you’re driving while intoxicated, you can still dismiss your DWI charge by demonstrating police misconduct. Typically, any act of police misconduct can be used as a defense to knock out the offense. For example, you can prove that the police officers harassed you during the investigation, the DWI police reports are inaccurate, or any evidence has been manipulated or illegally obtained.
However, when raising the defense of police misconduct, it’s best to hire a criminal defense lawyer to improve your chances of success. Unless you’re a legal expert yourself, you need their knowledge and skills to ensure you can prove police misconduct.
DWI is often considered one of the most serious crimes a person can get convicted of because it can have a significant impact on a person’s life. Not only that, but being charged with driving while intoxicated can mean spending a considerable amount of money, time, and resources on the defense side of the equation.
Fortunately, by following the tips mentioned above, you can fight your DWI case and get out of this trouble in no time.