Commonly employed DWI defense strategies

On Behalf of | Dec 4, 2020 | DWI

Even if you’re 100% sober, it’s possible that an officer could arrest you for suspicion of driving under the influence of alcohol.

Should this happen, it’s critical that you remain calm and keep quiet. You don’t want to do anything that will complicate your situation now or in the future.

You can defend yourself

Don’t assume that DWI charges always result in a conviction. This isn’t true, as there are a variety of defense strategies to consider. Here are some of the more common ones:

  • Improper stop: The officer must have probable cause to make the initial traffic stop. For example, if you were speeding or weaving, they can stop you. However, if they don’t have probable cause, you can use this to your advantage.
  • Inaccurate administration of field sobriety tests: There is more to a field sobriety test, such as the horizontal gaze nystagmus (HGN) test, than meets the eye. Accurate explaining and administration is critical.
  • Inaccurate administration of a Breathalyzer test: There’s a right and wrong way to administer a Breathalyzer test. Also, these devices require regular maintenance and calibration. Without this, there’s a greater chance of it returning an inaccurate result.
  • Rising blood alcohol concentration level: As time goes by after consuming alcohol, your blood concentration level will increase. This makes it possible that your level could be within the legal limit at the time you were pulled over, but increase to illegal by the time it’s checked.
  • Medication: If you’re on medication, it has the potential to alter your cognitive ability. So, while it appears that you’re intoxicated, you’re actually acting how you always do.

While these DWI defense strategies are among the most common, there are others that you may want to consider as you prepare for your case.

In some instances, you may be able to use multiple DWI defense strategies, such as an improper stop and inaccurate administration of a field sobriety test.

If you’re put under arrest and charged with DWI, don’t give up and hope for the best. Learn more about your legal rights, DWI defense strategies and how to protect yourself when your day in court arrives.