Posted on: 18 March 2019
Being put in a situation where you need to have a criminal defense attorney represent you against a DWI charge can feel precarious. It's difficult to refute claims by the police because of how much weight the court places on law enforcement opinions. There are, however, several suggestions a DWI attorney can offer, so let's take a look at some of them.
Don't Get in Trouble
It might feel like a cop-out to tell someone to just not get a DWI, but the reality is that avoiding a charge is the easiest approach. How do you accomplish that? By knowing the rules.
Being capable of operating a vehicle at all while being in the driver's seat is grounds for leveling a DWI case. Even if the keys aren't in the ignition and you're asleep at the time, the cops have reasonable suspicion and can conduct a field sobriety test.
If there's even the slightest doubt in your mind about whether you're sober, don't get in your car. Go somewhere on foot, hydrate, and call a friend to pick you up. it's better to have your car impounded for a parking ticket than to lose your license to a DWI.
Prove You Weren't Drinking
Let's say you were pulled over and you weren't drinking. The machine, however, says that you're over the BAC limit. What do you do? One defense is to argue that medication or a medical condition caused the test to register the way it did. It might sound outlandish, but auto brewery syndrome is a real disorder where a person's body produces alcohol to levels that can trip tests even without drinking.
Question the Case Itself
Every experienced DWI attorney in America has a story about police who were using faulty equipment or who detained drivers without probable cause. During the discovery phase, a criminal defense attorney has the right to see equipment maintenance and testing logs for all devices employed during the arrest. This includes the breathalyzer, body cams and dash cams and any data, video, or audio they've produced. A DWI attorney might find a particular model cited in other cases where false positives occurred.
Your counsel also has the right to see data regarding arrest patterns. If you were pulled out of line during at a DWI checkpoint, for example, the police have to prove your selection was random. They also aren't allowed to employ quota systems.
For more information, reach out to a DWI attorney near you.Share