3 Common Defenses a Lawyer Can Use in Driving While Intoxicated (DWI) Case
Anyone who is charged with a DWI, or driving while intoxicated, has to face legal consequences for this action. The specific penalties for drunk driving differ among states in the US. When it comes to the defense of a person charged with being drunk while driving, a DWI lawyer can use different options.
A lawyer will look at different evidences that have produced by interview witnesses and police to determine the type of defense to mount in a DWI case. Below are 5 common defenses that are usually used in a drunk driving case.
1. Mistake in Field Sobriety Test
A professional lawyer will be able to determine if your arrest was based on an invalid field sobriety test. You can gain impunity in a DWI case if the test results used to make the arrest were inaccurate, the test was conducted improperly, or its validity is questionable. For instance, gaze nystagmus (HGN) is usually challenged in the court as it does not properly detect eye movements to test if the person has been drunk while driving.
2. Illegitimate Stop
Another defense used in a DWI case by a lawyer is illegitimate stop. The circumstances surrounding the arrest are evaluated to determine whether the police personnel had probable cause for pulling you over. A strong case can be made in your favor, if the police officer did not have probable cause for making you stop such as a traffic violation, dangerous driving, failure to signal, a defect in the car’s safety equipment, or some indication that you were driving a vehicle while intoxicated.
3. Inaccurate Standard Breathalyzer Test
A mistake in administering the standard breathalyzer test can also make a strong case in your favor. A lawyer will look into whether the test results that were used to make the arrest are valid. In some cases, the device that is used to take the breathalyzer test does not correctly reflect the intoxication status of the person. If this was the case, the DWI lawyer will use it to make a defense for the client in the court.
Apart from the above there are other defenses that the DWI lawyer can use when defending a DWI case. You should get in touch with a reputable lawyer to ensure that you get the fairest result for your case.