Motorists caught in a DWI check with law enforcement may feel like they’re out of options and they have to go along with what the law says, but there are actually several viable ways to defend yourself against these charges. Most hinge on the details of the events and the corroborating evidence available.
While no one can guarantee you that a defense will be effective in avoiding punishment, having a well-thought-out legal strategy can mitigate damages and maybe even clear you altogether. The ultimate outcome will depend on your specific situation, but here are some of the most effective approaches.
A Greater Evil
In other words, by getting behind the wheel of the car, you were avoiding something worse that may have happened had you done nothing. An example: maybe you were having a heart attack and had to get yourself to the nearest hospital or clinic a few blocks away.
Someone forced you to drive in spite of the alcohol in your system.
Mistake of Fact
You have reason to believe the effects of your alcohol or medication have worn off.
There was no probable cause to stop you and the intoxication was discovered as a result of that improper traffic stop.
Law enforcement encouraged you to drink and drive. An example of this: maybe the law has had it out for you due to a prior offense. But in hopes of getting you back in jail, they indicate an unwillingness to pursue charges if you have a few drinks and want to drive yourself back to your apartment.
You Didn’t Know You’d Been Drinking
Maybe someone spiked your drink or failed to inform you the punch had alcohol in it at a party. You drank too much unaware of the fact, then tried driving yourself home.
The Field Sobriety Test Was Inaccurate
Officers do make mistakes through incompetence, inexperience, or stress. It’s possible your test was improperly administered in which case you could avoid prosecution. Same goes for breathalyzers and blood tests.
When you were stopped you’d been drinking, but the alcohol wasn’t absorbed enough into your bloodstream to put you outside the legal limits.
The officer faked his DWI report or violated your civil rights.
You Weren’t the Driver
Maybe two passengers switch places and one fails the DWI test.
It’s Best to Be Prepared When Charged with a DWI
Again, defenses will change depending on the situation, so make sure you consult an attorney if you face DWI charges. At Davis Ermis & Roberts PC, we’ve been defending such cases for many years and can help you devise a clear legal strategy prior to your hearing. Contact us today for more details or assistance.
[Featured Image by Wikipedia Commons]