How to Fight Your DWI Offense
If you were pulled over and arrest for driving while intoxicated (DWI), you could be facing some serious penalties. They won't just fine you and suspend your driver's license, but give you more stiff penalties, depending on if you have a criminal record or not. It is important that you get a good lawyer and learn about the different ways you can defend this offense.
Driving-Related DWI Offense
The first defense you might be able to use is in relation to whether or not you were driving at the time you got the charge. If you were in the vehicle when you got the DWI offense, but weren't actually driving at the time, you might be able to use this offense. Of course, if you were pulled over and the police officer knew you were driving without a doubt, there is nothing you can do. However, if you were behind the wheel of a parked or idle vehicle, you might have a case.
Issues Related to the Arrest
Another collection of defenses are all related to the arrest itself, and the circumstances surrounding it. Even if you were driving the vehicle while intoxicated, there may not have been a good enough reason for the police officer to pull you over. This can be used as a defense, given the right circumstances. Here are some different defenses relating to the arrest:
You were not read your rights – By law, police officers must always read you your Miranda rights. During the rights, you are told you have the right to remain silent and that anything you say can be used against you in the court of law. They also inform you that you have the right to an attorney. If they did not recite them, or did so incorrectly, you might be able to defend your case.
There was no probably cause – There are several probable cause issues that you can sue for your defense. First of all, the police officer must have had a good reason to pull you over, such as speeding or running through a stop sign. If not, they can' just pull you over for no reason, then give you a DWI offense. There may have also not been probable cause to arrest you in the first place
Proving You Were Not Under the Influence
If there was no probable cause to arrest you, aside from simply assuming you were under the influence of drugs and alcohol, you can use that as a defense. Here is more of an explanation about this type of probable cause. First of all, if you have witnesses that can attest to the fact that you are sober, use those to your advantage. Someone who did not see you drink alcohol before getting into the vehicle, or who thought you were acting as you normally do when you're sober, can be a good witness.
You may also need to provide another explanation for your appearance or behavior. For example, if you failed a field sobriety test, you might have an illness or physical impairment that kept you from completing that test correctly. For more information, contact Hornthal Riley Ellis & Maland LLP.