Understanding Available DWI Defenses

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Facing a DWI allegation (Driving While Intoxicated) open to a fountain of crisis. Your driving license might be revoked or temporarily suspended; you might be slapped with a hefty penalty and even jailed for a repeated offense or depending on severity of offense (if it involves injuries or death).

Given what your fate is likely to face after a DWI allegation, it’s important to know and understand the available defenses to fight the charge. With a solid defense, you might persuade the prosecution to withdraw or mellow the charges. This might result in lesser punishment, prevention of temporary or lifelong suspension of your driving license and even acquittal at trial.

In a DWI case, it’s the prosecution’s responsibilities to prove that the defendant (the person charged with a DWI):

  • Drove a vehicle
  • Was driving while intoxicated, implying that the person had prohibited amount of alcohol in his body

Most DWI defenses are based on pragmatic and precise planning to target these two elements because the prosecution is obliged to shoulder the burden of responsibilities to prove these points to get a conviction. To some extent, the available defenses in a DWI case come under the territory of state laws.

In the next segment, we’ll give an overview of some of the crucial defenses available in DWI cases.

Defenses in Regards to Driving

In some cases, a DWI conviction is not possible if you were not driving a vehicle. For example, if you fell asleep behind the wheel in your parked vehicle when the police arrived, it will work as a good defense in your favor. However, ‘actual driving’ is not a mandatory condition for DWI conviction in most states. All that the prosecution needs to prove is if you were ‘in actual physical control of” or “operating” the car while intoxicated.

What does that actually mean? It clearly states that even if you were not found to have driven the car, there still might be enough ground against you for a DWI conviction.

Defenses in Regards to Arrest Procedures

Police need to follow proper procedures while making an arrest, no matter how serious the offence is. If they fail to do so, it will provide you with a good defense to fight a DWI charge. Defenses in relation to arrest procedures usually involve arguments because police failed to follow the law while stopping your car or making an arrest, certain evidence might have been tampered that can be tossed out.

No Probable Reasons for Arrest

As per the DWI laws in place, police must stop your vehicle or make an arrest only on the ground of some probable causes. For example, a valid traffic violation won’t necessarily hit you with a DWI charge. The police officer must have strong reasons to be convinced that you were in clear violation of the state’s DWI laws. The officer’s observations and sometimes, on-the-spot breath-test results make the grounds of probable causes for a DWI arrest.

DUI cases are full of complexities and consequences are anything but sweet and sober. The only way to erect a strong wall of defense to legally exert a mellowed punishment or verdict of ‘NOT GUILTY’ through convincing persuasion is to hire good DUI lawyers near me. With a collage of expertise, experience and intuition, the professional can help you get through the bitter episode to a new start.

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