Facing a DWI charge can be daunting, but there are several strategies you can use to challenge the charge. Here are ten effective ways to fight your DWI:
Greater Evil Defense
This defense argues that your decision to drive was to avoid greater harm. For example, you might have been driving to escape a dangerous situation or to get someone to a hospital in an emergency. This defense requires demonstrating that the harm avoided was more significant than the risk of driving under the influence. Evidence and witness testimonies supporting your claim are crucial for this defense.
Duress
Duress involves being forced to drive due to threats or coercion. If someone threatened you with immediate harm or violence unless you drove, this could be a valid defense. It’s crucial to show that you had no reasonable alternative to avoid the harm other than to comply with the demand to drive. This defense needs solid proof, such as evidence of the threat and any relevant witnesses who can corroborate your story.
Mistake of Fact
This defense involves proving that you genuinely believed you were not impaired. For instance, you might have thought that the effects of alcohol had worn off or that you were under the legal limit. This defense hinges on the sincerity and reasonableness of your belief at the time of driving. Demonstrating good faith, such as showing how long you waited before driving, can support this defense.
Unlawful Stop
If the traffic stop leading to your DWI charge was not legally justified, any evidence obtained during the stop might be inadmissible. Police officers need a valid reason, such as a traffic violation, to stop you. Challenging the legality of the stop can be a powerful defense if the officer lacked reasonable suspicion or probable cause. Reviewing dashcam footage and the officer’s report can provide insights into the validity of the stop.
Inaccurate Field Sobriety Tests
Field sobriety tests (FSTs) can be unreliable for various reasons, including improper administration, physical conditions, or medical issues that affect performance. If you can show that the FSTs were not conducted correctly or that factors other than intoxication influenced the results, this can weaken the prosecution’s case against you. Expert testimony on the unreliability of FSTs can be beneficial.
Faulty Breathalyzer Test
Breathalyzer tests can be flawed due to improper calibration, maintenance, or operator error. If you can prove that the breathalyzer was not functioning correctly or that it was used improperly, the results may be challenged. This defense requires detailed examination of the device’s maintenance records and the officer’s training. Presenting evidence of past issues with the device can strengthen your case.
Medical Conditions
Certain medical conditions can mimic signs of intoxication. For example, diabetes, neurological disorders, or even fatigue can affect your balance and speech. Demonstrating that you have a medical condition that could explain the symptoms observed by the officer can be a valid defense. Medical records and expert testimony will be essential to support this defense.
Improper Police Conduct
If the police officer acted improperly during your arrest, such as by not following protocol or violating your rights, this can be grounds for challenging the charge. Examples include failing to read you your Miranda rights or using excessive force. Documenting the officer’s behavior and gathering any available video evidence can support this defense. Additionally, inconsistencies in the officer’s report can highlight procedural errors that may weaken the prosecution’s case.
Chain of Custody Issues
For evidence to be admissible in court, it must be properly handled and documented. If there are discrepancies in how your blood or urine samples were collected, stored, or tested, you can challenge the integrity of the evidence. This defense involves scrutinizing the chain of custody and identifying any lapses that could have compromised the samples. Proper documentation and expert analysis are crucial to support claims of mishandling.
Witness Testimony
Witnesses who can testify about your sobriety before or after driving can be valuable in your defense. This includes people who saw you shortly before the traffic stop and can attest to your behavior and appearance. Gathering credible witnesses who can provide consistent accounts will strengthen your case. Statements from bartenders, friends, or others who interacted with you can provide additional context and support for your defense.
Contact Us
If you are facing a DWI charge or have any legal concerns, Davis, Ermis & Roberts P.C. is here to help. Our experienced attorneys are committed to providing you with the best defense possible. Whether you need advice, representation, or have questions about your case, do not hesitate to reach out. We offer personalized consultations to discuss your unique situation and explore your options. Contact us today to schedule a consultation and take the first step towards protecting your rights and future.