If you are charged with a DWI, you could lose your license, lose your job or lose your freedom. However, there are many defenses to such a charge, and those defenses may allow you to either win your case or obtain a plea deal. What are some of the most effective defenses against a drunk driving charge?
Contest the Legality of a Traffic Stop
Drivers who were pulled over prior to being charged with DWI may claim that the traffic stop was illegal because there was no probable cause. Probable cause means that an officer saw a car speeding or being operated in a way that was dangerous or illegal. If there was no reason to stop the car, then there is no reason to charge an individual with a crime.
Contest the Legality of a Sobriety Checkpoint
If you were stopped at a sobriety checkpoint, it may be possible to argue that it was conducted illegally. This is because there is some question as to whether or not they can be carried out as per The Constitution. Consulting a DWI Lawyer in Williamson County, Texas, or in other areas, can help you learn your rights. While there is no guarantee that a judge or jury will buy that the traffic stop violated your rights, it is worth a try depending on where or not you were taken into custody.
Were Tests Done Properly?
Just because an office believes that you are impaired doesn’t mean that you are guilty of DWI. It is possible that a breathalyzer test or a urine test were taken improperly or that they were tainted in some way. The same may be true of any blood test that was taken at the scene or at the hospital.
Car Problems
A flat tire or a steering wheel that doesn’t work right may make it harder to control your vehicle. To a police officer, it may look as though you are too drunk or impaired to drive. However, if you can show that mechanical issues were the cause of your erratic driving, it may negate any cause an officer may have had to take you into custody.
Were You Experiencing a Medical Condition When Pulled Over?
Symptoms of a panic attack, low blood sugar or other medical conditions may mimic those associated with alcohol impairment. For instance, you may be slurring your speech, have bloodshot eyes or be unable to stand up when asked. If you have a problem with your legs or any other body part that makes it hard to stand up properly, that too could be mistaken for alcohol impairment.
Were You Over the Legal Limit?
If you weren’t over the legal blood alcohol limit, there may have been no reason to charge you with a DWI. While you can be considered impaired if your BAC is less than .08 percent, it is not proof that you were intoxicated. For commercial drivers, their BAC must remain below .05 percent at all times.
Were Samples Taken Without Your Permission?
While implied consent laws carry penalties for refusing a blood or breath test, officers cannot conduct them without permission. This means that either the driver has to give permission or a judge has to grant a warrant for the sample to be taken. Assuming that neither of these things happen, it could lead to evidence being thrown out of court.
There are many ways that you can effectively fight a DWI charge in court. Even if you don’t win your case, you could face lesser penalties that may make it easier to get back to work or get your license back sooner. This may make it possible to support yourself or raise your children after your case is resolved.
