Is it possible to defend against DWI?
If you are accused of DWI and you want to defend the case, it is essential to hire an experienced drunk driving accident lawyer for your case. In many cases, a drunk driving accident attorney will raise the best defense for a DWI accused person by addressing all factors involved.
So, if you think you may be facing a DWI charge, if your blood-alcohol concentration was .08 or higher, it is best to seek the counsel of a DWI attorney. An experienced drunk driving lawyer can argue that you were not operating a motor vehicle at the time of an accident in order to help reduce your DWI charges. In fact, experienced drunk driving attorneys will also look for several legal defenses that can mitigate the possible penalties associated with a DWI charge.
We will now see into the most common defenses that these attorneys raise.
Lack of reasonable suspicion to stop you
You might argue that an officer did not have a reasonable suspicion that you were operating a motor vehicle while intoxicated at the time of an investigation. This can be a very strong defense in cases where the officer stopped you without any sign of reasonable suspicion, like being pulled over for not having headlights on when it is dark or for the way you parked your vehicle. If the facts are presented properly and if your attorney can convince the judge or jury that there was no evidence to support an arrest, then you may have a chance to get your case dismissed.
Defective breathalyzer test
You might also attempt to claim that the breathalyzer test that led to your arrest was defective. In addition, a defective breathalyzer test can also lead to a dismissal of the case against you. A drunk driving attorney can attempt to show that the breathalyzer and its associated equipment were not properly maintained or calibrated in order to get your case dismissed.
Blood draw errors
Another defense that can be used to dismiss a DWI charge is if you were forced to submit to a blood draw after being arrested. A drunk driving attorney can argue that the blood was drawn and tested by an incompetent person to get your DWI dismissed. Your lawyer can request the court to look into the way the blood was drawn or tested, and if it is discovered that the test was not conducted properly, then your DWI charge may be dismissed.