Have you recently been pulled over on suspicion of drunk driving? When
a police officer pulls someone over for alleged drunk driving there is
a standard protocol that must be followed. If you have been charged with
DWI/DUI things may seem bleak but don't lose hope. Many clients come
into our office asking if there is a way to beat DWI charges. The answer
is yes. There are DWI/DUI defenses that may be applicable in your case
and could help you clear your name. Be sure to get an experienced and
aggressive DWI defense lawyer involved in your case early on for better results.
If you are looking to overcome your
DWI charges, some effective defense include:
Challenging the traffic stop- Police officers must have reasonable cause to believe that you are drunk
or that you have broken a major traffic law in order for them to pull
you over. If their justification for the traffic stop is unreasonable
then the evidence in your case could be thrown out and your case could
Challenging the police officer's initial suspicion- Did the police officer say that they smelled alcohol? Did they find that
you have slurred speech or bloodshot eyes? For all they know you could
have a unique medical condition that causes those same side effects. Mouthwash
smells of alcohol and sometimes acid reflux or heartburn can also bring
up residual alcohol. Sometimes challenging their suspicions can be an
effective defense in court.
Challenging the validity of the field sobriety test results-
Field sobriety tests are designed for people to fail. Many times these sobriety tests can be
found to be inaccurate which means that the results would be invalid.
Sometimes outside factors besides alcohol can influence people's balance
and other medical conditions could influence the breath test.
Challenging the charges based on a rising blood alcohol level- Sometimes it takes a while for the BAC level to rise after drinking and
it could take as long as three hours to be completely absorbed into the
body. This means that your BAC level could be higher when they conduct
the breath test than it was when you were actually driving.
Challenging the results of the Breathalyzer test- The equipment that police officers use for the breath test are not always
well maintained and their results could be found to be unreliable. If
your attorney finds that the Breathalyzer was outdated, the model is defective
or it have not been properly calibrated, then the results could be found
to be inaccurate.
Challenging the results of the blood test- There is specific protocol that police officers must follow when conducting
a blood test. If you believe that the arresting officer broke the rules
or deviated from standard procedure then the blood test results could
be unreliable. Also certain medications have been known to alter and influence
blood test results.
Challenging whether or not the DUI checkpoint/traffic stop was constitutional- It is illegal for police to choose to stop certain vehicles at random.
There must be a pattern when conducting traffic stops. For example, officers
can pull over every third or fifth car that drives by.
Challenging the officer who failed to reach you the Miranda Rights- Sometimes this defense works but there are certain conditions. If the
arresting officer fails to read the Miranda Rights when they arrest you,
then whatever you say while in custody or in questioning cannot be held
Challenging the breath test because it was coerced and done involuntarily- Does your state have implied consent laws? When conducting a
breath test police officers cannot physically force you to cooperate. If a test is
coerced or conducted under duress then the results could be thrown out.
However, there could also be penalties for refusing a breath test depending
on which state you live in.
Challenging the DWI/DUI arrest because the arresting officer may be guilty
of racial profiling- Are you under the impressing that the police officer pulled you over
because of your ethnicity or race? If you are of a minority and the police
officer is not, then this could be used as an effective argument.
Hire an experienced criminal lawyer who is knowledgeable in DUI/DWI defense tactics- You don't want to leave your case up to chance. Be sure to hire an
attorney who has a history of success and vast experience in DUI/DWI defense
to handle your case.
Contact us at Prime & O'Brien, LLP today if you require legal assistance
to beat your DWI charges. Call us now at (516) 670-5992.