Facing a DWI charge can feel overwhelming, but understanding your defense options is crucial. Various strategies can challenge the evidence or the procedure used during your arrest. Here are five common defenses to consider when dealing with a DWI charge.
Challenging the traffic stop
A common defense involves questioning the legality of the traffic stop. Law enforcement must have a reasonable suspicion to pull you over. If the officer cannot justify the stop, any evidence gathered afterward might be inadmissible in court. Your attorney might argue that you did not commit a traffic violation, making the stop improper.
Questioning sobriety tests
Law enforcement often uses field sobriety tests to determine impairment. Yet, these tests are not always accurate. Factors like inappropriate footwear, fatigue, or medical conditions can affect performance. Your lawyer might argue that these factors influenced the test results, making them unreliable.
Breathalyzer accuracy
You can also challenge breathalyzer tests. The devices must be properly calibrated and maintained. Errors can occur if the officer administering the test lacks adequate training. Conditions such as gastric disorders or recent consumption of certain foods can affect the results. Your attorney might argue that these issues led to inaccurate readings.
Rising blood alcohol defense
Your blood alcohol concentration (BAC) might sometimes rise between the time you were driving and when the authorities administer the test. This happens when alcohol consumed shortly before driving has not fully absorbed. Your lawyer can argue that your BAC was below the legal limit while you were driving, challenging the timing of the test results.
Affirmative defenses
Certain affirmative defenses can also apply. or instance, you might argue necessity if you drove to prevent a greater harm. Duress applies if someone forced you to drive. You can claim entrapment if law enforcement coerced you into driving while intoxicated. Each of these defenses requires evidence to support the claim.
Several defense strategies exist for those charged with a DWI. Each case is unique, and the best approach depends on the specific circumstances. Consulting a knowledgeable attorney can provide guidance tailored to your situation. They can help evaluate the evidence and develop a strong defense strategy, increasing your chances of a favorable outcome.