Being arrested for driving while intoxicated (DWI) is a serious criminal offense that can substantially impact your future. From losing your license to the possibility of jail time, DWI cases can be daunting and stressful if you aren’t prepared to defend your rights. Below, we explain some of the common defense strategies that are available if you are facing DWI charges.
#1: Illegal Police Stop
The Fourth Amendment protects all individuals from unreasonable searches and seizures by law enforcement. This means that drivers can’t be stopped unless the police officer has reasonable cause to believe the driver violated a traffic law or other law. Officers must demonstrate they had an objective reason for a traffic stop to justify any subsequent seizure or evidence they obtained from the DWI arrest. The state will have the burden of proving all the evidence against you was obtained lawfully and in compliance with the Fourth Amendment of the United States Constitution. If you can prove otherwise, the charges can be dismissed.
#2: Challenging Chemical Test Results
While it’s illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of .08% or more, chemical testing procedures used by police can be flawed. From inaccurate measurements of the amount of drugs or alcohol in your system to errors in the administration of the test, exposing flaws with chemical testing requires testimony from expert witnesses.
Common issues with chemical tests include:
- Breathalyzer Error Due to Improper Maintenance
- Testing During the Absorption Phase
- Residual Alcohol
- Blood Test Fermentation
#3: Medical Conditions
Certain medical conditions can sometimes make a driver appear drunk or even skew the results of a roadside breathalyzer test. Fatigue or neurological problems can result in slurred speech, while allergies and sinus congestion can cause a person to have watery eyes. Additionally, the scent of alcohol an officer smells on a driver’s breathe can actually be a diabetic side effect called ketosis.
Speak to Our Experienced DWI Lawyers Today
If you or a loved one has been arrested for DWI, then you need to immediately consult with a knowledgeable lawyer at our firm so we can discuss your case and explain all of your options under the law. We are familiar with the issues and procedures in these matters, and we are prepared to advise you about all the potential consequences you face. Our legal team at O'Brien & Wood PLLC has the resources and experience that you need on your side to properly negotiate a resolution and/or effectively advocate your matter at trial.
To schedule a free consultation with our DWI attorneys, please give us a call today at (518) 240-9992.