Devising a DWI Defense Strategy
Across the nation, driving while intoxicated (DWI) is a very serious crime. Even for a first offense, you may be sentenced to jail time, community service, probation, expensive fines, and a driver’s license suspension. If you have been charged with DWI, there is still hope. You should contact an experienced DWI lawyer about devising a DWI defense strategy. Drunk-driving laws can be complicated, and it is important to hire an attorney who focuses exclusively on DWI.
There are many laws that are designed to protect the rights of citizens. For example, the Fourth Amendment protects us from unreasonable stops, searches, and arrests. If a police officer violates your rights, your charges may be dismissed, whether you are guilty or not.
In order to pull you over, the officer must have probable cause to believe that you are operating your vehicle under the influence. If your attorney finds that the officer did not have probable cause to pull you over, any evidence obtained during the traffic stop may be inadmissible.
During a traffic stop, the officer looks for clues of intoxication. This may include bloodshot eyes, flushed skin, or slurred speech. However, your appearance may be explained by factors other than alcohol consumption. Your attorney may argue that fatigue or allergies made your eyes bloodshot, or that a fever made your skin flushed.
The breath test results are one of the most damaging pieces of evidence in a DWI case; however, these results are not always accurate. If the breathalyzer is not maintained or calibrated properly, the results of the test may be false.
There are other factors that can produce inflated test results. Belching or vomiting may introduce alcohol into the mouth, which can lead to higher test results. Medical and dental conditions, such as acid reflux disease, gum, and mouthwash may also contribute to mouth alcohol.
Officers are supposed to watch the driver for 20 minutes to ensure he or she does not smoke, belch, or vomit before taking the breath test, although this does not always happen. Your DWI attorney may question the officer regarding this time period. If your attorney can prove that the officer did not conduct a proper observation period, the results of your test may be called into question.
Are you ready to fight your charges? For more information on how to devise a DWI defense strategy, contact a DWI defense attorney in your area today.
