You can be charged with driving while intoxicated (DWI) when law enforcement believes you were driving impaired, whether under the influence of drugs, alcohol, or both.
If you’re facing a DWI charge, you might wonder if you need a DWI defense attorney. The answer is yes: a criminal defense attorney can challenge the state’s evidence, from the traffic stop to the story the prosecutor presents in court. Whether your attorney secures dismissal or a favorable plea, a lawyer can protect your rights and fight to keep the DWI off your record. Here’s how an experienced criminal defense lawyer might approach building your defense.
Was the Initial Traffic Stop Legal?
Police officers must have a valid reason to pull you over (reasonable suspicion). This typically includes DUI checkpoints or if they witnessed you swerving, running a red light, or committing another traffic violation. If an officer stopped you without reasonable suspicion, your attorney can argue that the stop violated your Constitutional rights. Evidence gathered from an unlawful stop could be thrown out in court.
Were the Field Sobriety Tests Conducted Properly?
Officers often rely on field sobriety tests to decide if you’re impaired. These tests aren’t objective: things like poor lighting or uneven pavement can affect your results. Your attorney can challenge how the tests were administered or whether the officer was properly trained to give them.
Did the Officer Meet the Breath Test Requirements?
Breathalyzers are not foolproof, either. Missouri law has strict standards for breath tests. The machine must be approved by the Missouri Department of Health and Senior Services. The approved machine also needs to be properly maintained and calibrated. Finally, any officer who administers the test must have a valid permit.
Even small errors in calibration or operation can lead to inaccurate readings. If the breath test didn’t meet state standards, the evidence may not be admissible.
Were the Chemical Tests Performed and Handled Appropriately?
In some cases, prosecutors rely on blood tests instead of breath tests. While blood tests are generally more accurate, they still must follow proper procedures. Issues like gaps in how the sample was handled or lab mistakes can make the results unreliable. Your attorney may request lab records, examine how the sample was stored, and cross-examine witnesses about possible contamination or errors.
Did the Police or Prosecution Violate Your Rights?
You have rights under the U.S. and Missouri Constitutions. For example, if an officer questioned you without reading your Miranda rights, certain statements you made may be inadmissible. Similarly, if a search or seizure violated the Fourth Amendment, any resulting evidence could be thrown out. Constitutional challenges often become a key defense strategy, especially when combined with other weaknesses in the state’s case – if the prosecution doesn’t have enough to prove their case beyond a reasonable doubt, they may have to reduce the charges or dismiss the case.
Are There Alternative Sentencing Options Available?
Your attorney will fight for the best outcome possible, whether that’s case dismissal or another option. Sometimes the best defense involves negotiating with prosecutors. For example, a first-time offender may qualify for probation or a suspended sentence under certain circumstances. An experienced DWI defense attorney can evaluate whether diversion programs, treatment options, or reduced charges may apply in your case, and fight to get a favorable result.
Get the Defense You Need with Travis Noble, P.C.
Don’t wait to work with an attorney. Without experienced, aggressive legal representation, you risk missing opportunities to weaken the prosecution’s case. The earlier you can get a lawyer involved, the better.
If you’re facing a DWI charge in Missouri, Travis Noble, P.C., can review your case and identify potential defenses to protect your rights and record. Contact us today to get started.