A DWI (Driving While Intoxicated) charge can have serious legal and personal consequences. From fines and license suspensions to potential jail time, a DWI conviction can drastically affect your life. If you have been arrested and charged with DWI, it’s crucial to understand that you have the right to challenge the charge and build a strong defense. This article will guide you through the process of challenging a DWI charge, helping you understand key strategies and legal approaches that may work in your favor.
Understanding the DWI Charge
A DWI charge is typically levied when a driver is found to be operating a vehicle under the influence of alcohol or drugs. In most states, drivers with a blood alcohol concentration (BAC) of 0.08% or higher can be arrested and charged with DWI. However, even if your BAC is below 0.08%, or if you were under the influence of prescription drugs or other substances, you may still face charges depending on the circumstances.
When challenging a DWI charge, it’s important to consider how the law applies in your jurisdiction, as the specifics of DWI laws can vary by state. A well-informed approach and expert legal guidance can help you contest the charge and potentially reduce or dismiss the consequences.
Common Defenses Against a DWI Charge
Several strategies can be used to challenge a DWI charge, and your defense will depend on the facts of your case. Below are some common defenses that may apply when contesting a DWI charge.
1. Improper Stop or Lack of Probable Cause
One of the most effective ways to challenge a DWI charge is to argue that the police officer did not have a valid reason to stop you in the first place. In order for law enforcement to pull you over, they must have probable cause — a reasonable suspicion that you are committing a traffic violation or are driving under the influence.
If the officer did not have probable cause, any evidence obtained after the stop could be considered inadmissible in court. This could include field sobriety tests, breathalyzer results, or any other evidence related to the DWI charge.
2. Breathalyzer Test Issues
Breathalyzer tests are often used to determine a driver’s BAC, but they are not foolproof. If you were arrested for a DWI based on a breathalyzer result, your attorney may be able to challenge the accuracy of the test. Breathalyzers can be affected by a variety of factors, including:
Improper calibration: Breathalyzers must be calibrated regularly to ensure they are functioning accurately. If the machine was not properly calibrated, the test results may be invalid.
Improper administration: The officer must follow specific procedures when administering the breath test. If these procedures were not followed correctly, the results could be challenged.
Medical conditions: Certain medical conditions, such as acid reflux, can result in inaccurate readings due to the presence of alcohol in the mouth.
If your attorney can prove that the breathalyzer test was not administered properly or that the results are inaccurate, it could lead to a reduction or dismissal of your charges.
3. Field Sobriety Test Issues
Field sobriety tests (FSTs) are another tool used by officers to assess impairment. These tests often involve tasks such as walking in a straight line, standing on one leg, or following a moving object with your eyes. However, these tests are subjective and can be influenced by various factors unrelated to alcohol consumption, such as:
Nervousness: Anxiety or stress can affect a person’s ability to perform field sobriety tests.
Medical conditions: Some medical conditions or physical impairments may make it difficult to complete FSTs.
Environmental factors: Poor weather conditions, uneven ground, or inadequate lighting may interfere with your ability to perform the tests properly.
If your attorney can demonstrate that the field sobriety tests were not conducted fairly, or that the results were influenced by factors other than alcohol or drugs, this evidence may be undermined in court.
4. Challenging Drug Influence Claims
If you were arrested for DWI due to suspected impairment from drugs (whether prescription, over-the-counter, or illegal substances), your defense team may challenge the claim that you were impaired by substances. Drug tests can be contested on the following grounds:
Improper administration of drug tests: Blood, urine, or saliva tests must be handled and processed according to strict protocols. Any deviation from the proper procedure can lead to a case being thrown out.
No clear evidence of impairment: Just because drugs were found in your system does not necessarily mean you were impaired at the time of driving. Your lawyer can argue that you were not affected by the drug at the time of driving or that it did not impair your ability to operate a vehicle safely.
5. Rising BAC Defense
In some cases, the rising BAC defense may be used. This defense involves arguing that your BAC was below the legal limit when you were actually driving, but it rose after the arrest due to alcohol being absorbed into your system. For example, if you were pulled over shortly after drinking, your BAC may have been rising when the test was conducted, even though you were not legally intoxicated when driving.
Consult an Experienced DWI Defense Lawyer
Building a strong defense against a DWI charge is challenging, and it’s essential to have the right legal expertise on your side. An experienced DWI defense lawyer can evaluate the details of your case, identify potential defenses, and develop a strategy that minimizes the impact of the charges. From reviewing police reports and gathering evidence to challenging breathalyzer results and questioning the validity of field sobriety tests, a skilled attorney can help you navigate the complex legal process.
Conclusion
Facing a DWI charge is a serious matter, but it’s important to know that you have options for challenging the charges and protecting your future. From questioning the legality of the traffic stop to challenging the accuracy of breathalyzer tests, there are multiple defenses that can be used to build a strong case.
If you’ve been charged with DWI, it’s crucial to work with a knowledgeable attorney who can help you identify the best defense strategy and fight for your rights. With the right defense approach, you may be able to avoid severe penalties, including fines, license suspension, and jail time, and get your life back on track.