Greg Gladden Attorney at Law

Board Certified In Criminal Defense For Nearly 30 Years

3 Possible defense strategies for a DWI charge

| Jan 27, 2020 | Uncategorized

Your life can change drastically after a DWI conviction. Aside from the standard penalties such as costly fines, license suspension, jail time and DWI offender education programs, a DWI conviction can affect your personal relationships and professional life as well.

You may be feeling hopeless and powerless to stop a DWI conviction from impacting your life. However, fighting a DWI charge is possible. With a strong defense, you may receive reduced charges. You could even get those charges dropped altogether.

Here are just a few common defense strategies used to fight a DWI.

Improper stop

Police officers must have more than just a gut feeling that you were in violation of the law in order to pull you over. They should have reasonable suspicion or proof that something wasn’t right. If you can show that you weren’t breaking any traffic rules, speeding or driving with a burnt-out headlight or expired license plate, you may be able to prove that the officer had no right to pull you over in the first place.

Faulty breath test results

Although police officers depend on breath tests to measure your blood alcohol concentration level, they aren’t often as reliable as people may think. Calibration error, software malfunctions and operator mistakes can cause the results to read higher than they actually are.

Even chemical tests such as blood or urine tests are subject to contamination. So, even when there’s physical evidence against you, you may be able to prove that the results were inaccurate.

Violation of interrogation rights

Even when you’re facing criminal charges, you still have rights. Particularly after a DWI arrest, an officer must recite your Miranda rights before bringing you in for questioning. Doing so notifies you that any statement you say after your arrest can be used against you in court. If an officer fails to recite the Miranda warnings, any evidence gathered after your arrest that’s used against you is in violation of your rights.

Protect yourself with a strong defense

These common DWI defenses and more can help you challenge the charges you’re facing. But you shouldn’t attempt a defense on your own. An experienced criminal defense attorney is a beneficial asset in a situation like this. They can give you a better understanding of your situation and come up with a strategy that sets you on the path toward a better future.