When you think of drunk driving, you probably don’t think of it as being an easy crime to defend against. After all, many states have strict DUI laws, with penalties ranging from license suspensions to jail time. However, that doesn’t mean there aren’t any defenses to a DWI charge. Depending on your particular circumstances, there may be several ways to challenge a DWI charge. With that being said, the best course of action for your case will depend on your own individual circumstances. The following are just a few of the defenses to a DWI you may use in your case:
Faulty Breathalyzer Test
One of the most common defenses to a DWI is that the officer who pulled you over used an unreliable breathalyzer test. If the officer used an old machine, or one that wasn’t properly calibrated, you may be able to challenge the results. However, these machines are commonly used and widely accepted in court. As a result, it is unlikely that an officer will use an older machine on you. Additionally, the calibration of the breathalyzer test isn’t something you can simply prove or disprove. Instead, it usually comes down to the officer’s word against yours. In other words, if the officer says the machine was properly calibrated, you would have to prove otherwise.
Acting Nervous or Shaky - Intoxilyzer Error
If you have been driving and the officer smells alcohol on your breath, but you aren’t intoxicated, the officer may use a technique called “Acting Nervous or Shaky.” If the officer feels that you are too nervous or shaky to take the field sobriety tests, they may then give you a breathalyzer test. If the breathalyzer test shows that you have a blood alcohol content above the legal limit, you may be able to challenge the test. The problem is, there are certain circumstances that may prevent you from challenging a breathalyzer test. For example, if you were arrested for a DWI in Harris County, TX, you would need to challenge the test within two hours of your arrest. If you do not challenge the test, it becomes a scientific fact, and cannot be used against you in court.
Failing to Follow Reasonable and Proper Protocol
Another way to challenge a DWI is that the officer failed to follow reasonable and proper protocol. For example, if you blew a certain number on the breathalyzer test, but the officer did not follow the exact same protocol when you were arrested, you may be able to challenge the test. This defense to a DWI is often referred to as the “two-man rule.” The two-man rule requires that the breathalyzer test be administered by a certified operator. Additionally, the officer who arrested you must have made certain observations that led him or her to believe you were intoxicated. If any of these conditions were not met when you were arrested, you may be able to challenge the test.
Medical Condition Disqualifies You from Operating a Vehicle
Many states have laws that prohibit you from driving if you have a condition that affects your ability to operate a vehicle safely. If you have a condition that would prevent you from driving safely, you are likely to be charged with a DWI since you would probably fail a roadside sobriety test. However, if you have a medical condition that prevents you from operating a vehicle safely, you may be able to challenge the DWI charge. In order to do this, you will need to contact a medical professional who can review your medical history and confirm that you have a condition that would prevent you from driving safely. Once you have this information, you can then challenge the DWI charge.
You were Improperly Searched
Finally, you may be able to challenge a DWI if you were illegally searched. This is usually done when the officers failed to get a search warrant before searching you. If they failed to get a warrant, the evidence obtained during the illegal search may not be admissible in court. As a result, you may be able to challenge a DWI if the officers illegally searched you and illegally obtained evidence against you.
Conclusion
A DWI is a serious charge that can have a significant impact on your life. If you receive a DWI, there are likely to be some serious consequences, including jail time and/or a license suspension. Because of this, it is important to know what defenses to a DWI are available to you. With that being said, it is also important to remember that you have to prove every element of your defense in order to be successful. As a result, it is important to consult a criminal defense attorney if you are facing a DWI.