Driving while intoxicated (DWI) charges can lead to an assortment of significant consequences. The motorist accused of intoxication could be at risk of incarceration. Even if they avoid jail time, they may be subject to probation. The courts often impose fines and expect the convicted driver to pay court costs. They are also usually subject to a driver’s license suspension.
Police officers who arrest people for DWI offenses typically have video footage of poor driving, field sobriety test results and chemical test results to justify the actions they take. Far too frequently, people assume that their only option is to plead guilty when facing DUI charges.
However, there are actually several defense strategies that may prove successful if people accused of DWI offenses want to fight their pending charges.
Suppressing evidence from a traffic stop
Police officers have numerous restrictions on their authority. They cannot stop people or conduct searches without appropriate legal justification. People arrested after DWI traffic stops can sometimes establish that a police officer did not have a legal reason to stop them initially.
If the traffic stop was illegal, then the prosecutor may not be able to use evidence secured during the traffic stop in court. A defense attorney can use the exclusionary rule to suppress evidence obtained through illegal behavior or a violation of an individual’s civil rights. Eliminating evidence might lead to the state dismissing the charges against the driver.
Presenting medical evidence
Sometimes, there is a perfectly rational explanation for why someone struggled with field sobriety testing or failed a chemical test. A variety of medical conditions can affect how people walk, how they balance and even how their muscles function.
Medical explanations can raise questions about whether field sobriety test results were accurate. Evidence of specialized diets or the use of certain medications could also raise questions about chemical test results. Compelling medical evidence can raise credible questions about whether an allegedly drunk driver was actually under the influence.
There are other strategies that may work as well. Some people experience Miranda violations prior to confessing while in state custody. Other times, there may be reason to question the accuracy of chemical testing due to improper maintenance of testing devices.
Reviewing the circumstances that led to DWI charges with a skilled legal team can help motorists consider different defense strategies. Drivers who fight back successfully can avoid criminal penalties and the challenges associated with a permanent criminal record.