Facing a DUI can be very challenging, and chances are, you’re likely trying to find a way to reduce your punishment. There are a number of common DWI defenses that may fit your case, depending on the facts. In most cases, DWI’s share similar circumstances. Therefore, there are a few general defenses for them. So, we’ve compiled them for you…
Common DWI Defenses: What Fits My Case?
One of the more common DWI defenses is the argument of an improper stop. Before actually pulling you over, an officer has to have reasonable suspicion. Which means he cannot pull you over without a reason for suspecting you are doing something illegal. In the case of DWI’s, reasonable suspicion doesn’t have to mean drinking and driving. He could pull you over simply for failing to stop at a stop light. But whatever you did wrong, it’s important that the officer had reasonable suspicion of something to pull you over. So, if you feel that you were party to an improper stop, speak with your attorney.
Administration/ Accuracy of Your Breath Test
When it comes to a breath test, there are several common DWI defenses surrounding them. First, you may be able to build a case for the way the officer administered the test. For instance, did he have the proper training to do so, and did he follow protocol? Next, you may be able to argue that other factors contributed to the results. For instance, vomiting can affect the accuracy of a breathalyzer reading. Lastly, you may be able to argue that accuracy of the breathalyzer device. By that measure, whether the device was functioning properly and could give an accurate reading.
Administration/ Accuracy of Field Sobriety Test (FST)
Since this test is largely based on personal opinion rather than a technology reading, it has several questionable aspects. One of those aspects is when an officer performs a horizontal gaze test. This part of the FST concentrates on your eye movement, which tends to jerk more when you become intoxicated. In some cases, you can build a defense against this part of the test in particular.
For the most part, there can be an argument against how an officer administered the test. Did he explain the directions of the test so that you could follow them properly? Did he follow protocol?
While there can be many ways to defend your particular case, these are some of the most common DWI defenses. If you are wanting to defend your DWI conviction, you should discuss all of the details of your case with your attorney. Together, you will be able to combine all factors of your case and come up with the best defense possible.