If you are facing criminal charges for drunk driving but believe you are innocent, you are understandably feeling a lot of frustration. The consequences of a DWI conviction are serious. You are at risk of losing your license, freedom and reputation. However, while it is normal to feel angry, you must defend against these charges carefully.
Here are a few common defense strategies you may consider.
1. Unlawful traffic stop
Police officers must have probable cause to pull you over on the road. Common reasons police conduct a traffic stop include if you are speeding, have a broken tail light or are driving erratically. If you believe the cop who pulled you over did not have any reasonable suspicion for doing so, you may be able to fight the charges.
2. Inaccurate breath test results
When the police stop you and suspect you of driving under the influence, you may take a breath test. The results of these tests are not always conclusive. The police officer must properly calibrate and maintain breath testing devices. Some police officers also do not have proper training and do not administer the test properly.
3. An insufficient field sobriety test
Just because you fail a field sobriety test does not necessarily mean you are impaired. You may fail the test because of poor balance, anxiety, fatigue, speech impairments, mental impairments, old age or vision problems. The administration or outcome of a field sobriety test may not be reliable enough to prove you are guilty of a DWI.
4. Rising alcohol levels
If you just had a recent drink, you may not feel the effects of alcohol yet. Alcohol takes a while to absorb into your system. Therefore, you may be able to argue you did not hit the BAC limit while you were driving. It is possible that the BAC limit increased between the time the police pulled you over and conducted the breath test.