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Can You Beat a DWI Charge?

Can You Beat a DWI Charge?

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 be dismissed.

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 If your attorney finds that the Breathalyzer was outdated, the model is defective or it have not been properly calibrated, then the results could be found to be inaccurate.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 against you.

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.


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