Though there are many ways that an attorney can help you fight a DWI charge, it’s important that the right technique is used in your defense. Depending on the reason for the traffic stop and the factors that played a role in the DWI, certain defense options may be better than others.
There are four primary DWI defenses to consider. They include:
- Showing that the accused was not driving at the time of the traffic stop or that they were not under the influence
- Arrest defenses, which may argue that an arrest was not completed within the confines of the law
- Officer testimony defenses, which challenge the officer’s observations
- Blood alcohol concentration defenses, which challenge the results of Breathalyzer tests or other samples
Depending on the circumstances surrounding your stop and arrest, a defense attorney may use or or more of these methods (or perhaps another one) to defend you.
Here’s an example. If you’re at the scene of a collision with two other people who were also in the vehicle, an officer may take your breath sample and believe that you were the intoxicated driver. If they don’t give you the opportunity to state that you weren’t the driver, or if you were injured and unable to speak for yourself, then your attorney may be able to defend you by showing that another person was driving at the time of the collision.
Similarly, if an officer pulls you over but doesn’t have good cause to do so, then your attorney can question the arrest and may be able to have it thrown out.
Depending on the situation, an experienced attorney can work to have the case dropped or the penalties greatly reduced.