When you’re facing drunk driving charges, your first reaction might be to assume that you’ll get convicted. However, it’s important to remember that DWI charges are not black and white. Even if the arresting officer feels confident in his decision to book you for drunk driving, you still have some defenses at your disposal. A competent DWI defense attorney can help you understand your legal options and build a strong defense before your case reaches court. In the following article we have outlined some common defenses that can sometimes get a DWI reduced or even thrown out altogether. Keep reading to learn more about these strategies and how they could affect your situation if pursued in court. Additionally, if your DWI case goes to trial, you should also know about some common misconceptions about trials and what you can do to have a successful outcome.
Mistaken identity defense
Some people mistakenly assume that the “lock-and-key” defense only works for people who have been mistakenly identified as someone else, such as a missing person. However, it’s also applicable to driving a car that doesn’t belong to you, as in the case of a stolen car. A common mistake people make is to assume that the police officers who arrested them will know who the true owner of the car is. While the officers often know the main identifying details about the car, such as the VIN number, they don’t always know its full history. In order for this defense to succeed, the defendant must prove that the car actually belongs to them. This can be done by providing evidence such as the car’s registration, insurance, or other paperwork. Other proof can come from the owner of the car, if they can be found. If the defense can prove that the car belongs to them, they will have successfully negated the DWI charge.
Faulty Breathalyzer Test
A common defense to a DWI is to challenge the Breathalyzer test results. While breathalyzers are generally considered to be reliable, they are not 100% accurate. In many cases, defendants can challenge the results of the Breathalyzer test by presenting expert testimony. The expert can review the Breathalyzer report to determine if there are any inconsistencies. If so, the expert can testify that the results are not reliable enough to be used in court. Additionally, even if the Breathalyzer test is reliable, the prosecution must prove that the Breathalyzer was operated correctly. This means the officer must have followed the proper protocols when collecting the sample.
Mistaken assumption defense
Another common defense to a DWI is to assume that the arresting officer had reasons to mistakenly believe that you were intoxicated. This defense can be used if the officer did not see you driving, or even if he saw you driving but he misinterpreted your actions. This defense can be used if the officer did not notice any signs of intoxication or impairment, such as stumbling or slurred speech. If the defense can prove that the police officer had reasons to mistakenly believe that you were intoxicated, you will have successfully negated the DWI charge. This is true even if the officer correctly identified you as the driver. When a court hears that the officer didn’t actually see the driver operate the vehicle, a judge may be more inclined to let the case go.
Mistake of fact defense
Another common defense to a DWI is to assume that the officer accidentally misheard you or misinterpreted your answers to show signs of intoxication. This defense can be used if the officer asked you to walk a straight line and you failed to do so. In this situation, the defense would argue that the officer misinterpreted the “wobbly” walk as signs of intoxication. If the defense can prove that the officer misinterpreted your behavior, the DWI charge will be negated. This defense is especially useful if you have a prior criminal record for similar behavior, or if you have an accent that makes it difficult to understand you. However, this defense is only valid if the officer was in close proximity to you and could actually hear your responses clearly. Otherwise, the defense would fail.
Medical defense
A medical defense can also be a common defense to a DWI. To use this defense, a person must be able to prove that they are suffering from a medical condition that prevents them from operating a vehicle safely. To do this, the person must introduce medical records or the testimony of a doctor to show that they are unable to operate a vehicle safely. While this defense can be used by anyone who is intoxicated, it is most commonly used by people who have recently been diagnosed with a medical condition that makes them a danger to others while driving. For example, pregnant women sometimes use this defense to avoid a DWI conviction.
Conclusion
A DWI defense is not a simple case. If you have been arrested for drunk driving, your first priority should be to get a good criminal defense attorney. Only a lawyer who specializes in this area of the law can make sure that your rights are protected and make sure that you get a fair trial. Remember, you are innocent until proven guilty. Even if the evidence seems to be against you, you still have rights. At the same time, you should also know that it is very difficult to win a DWI case. A DWI defense requires careful preparation and thorough research. You must be prepared to work hard and put in a lot of time and effort to have any chance of success.