The majority of people are aware of the dangers associated with drinking and driving. Alcohol impairs your ability to operate a motor vehicle, while also increasing the risk of trouble with law enforcement.
Even with knowledge of these risks, many people make the mistake of drinking and driving. If this happens to you and it results in your arrest, here are some DWI defenses to consider. The right strategy will best position you to prevent a conviction and the associated consequences:
- Improper stop: It’s against the law for police to arbitrarily stop drivers. Instead, they must have reasonable suspicion to pull you to the side of the road. For example, if you’re swerving all over the highway, it gives an officer reason to believe you’re drunk. But if they don’t have reasonable suspicion, you can fight that you were improperly stopped.
- Improper administration of a field sobriety test: Law enforcement officers receive training on how to administer field sobriety tests, but that doesn’t mean they always take the proper steps when doing so. Any mistake, such as how they explain the test, can skew the results.
- Medical conditions: It’s possible that you have a medical condition that makes you appear intoxicated, despite the fact that you’re 100% sober. For example, if you have a neurological disorder, you may find it difficult to keep your balance. Subsequently, it’s a challenge to complete field sobriety tests.
- Miranda warning violation: If you’re put under arrest, the officer is required by law to provide your Miranda rights. For example, you have the right to remain silent and the right to an attorney. If the officer neglects to do so, you can argue that all evidence gathered after the arrest should be dismissed by the court. And if that happens, you’re in better position to win your case.
The best way to pinpoint the most effective DWI defense strategy is to understand all your options and compare them with your circumstances in mind. For example, one person may be able to argue improper administration of a field sobriety test, while another has a medical condition that resulted in their arrest.
No matter what you do, make sure your defense strategy gives you the best chance of avoiding a conviction.