Sunday, February 5, 2023

DWI Defense in Criminal Cases: An Overview for Attorneys

Driving under the influence (DWI) charges are a serious matter, and a conviction can result in significant penalties, including jail time, fines, and a permanent criminal record. As a result, it's essential for individuals charged with DWI to have a strong defense, and an experienced attorney can play a crucial role in this process. In this blog, we'll provide an overview of the most common defenses used in DWI cases and the role that attorneys play in building a strong defense.

  1. Challenging the validity of the stop: One common defense is to challenge the legality of the stop that led to the DWI charge. If the police did not have probable cause to pull over the defendant, the evidence obtained during the stop may be excluded from court.
  2. Challenging the field sobriety tests: Another common defense is to challenge the validity of the field sobriety tests. Field sobriety tests are subjective, and an experienced attorney can argue that the results of these tests are unreliable and should not be used as evidence in court.
  3. Challenging the breathalyzer test: Attorneys can also challenge the accuracy of the breathalyzer test. Breathalyzer machines must be properly calibrated and maintained, and if this is not the case, the results of the test may be inaccurate.
  4. Medical conditions and prescription medications: Certain medical conditions and prescription medications can also affect an individual's ability to perform field sobriety tests or produce an accurate breathalyzer reading. An experienced attorney can present evidence of these conditions and medications to support the defendant's case.

In conclusion, DWI charges can have serious consequences, and it's essential for individuals charged with DWI to have a strong defense. An experienced attorney can play a critical role in building a strong defense by challenging the validity of the stop, field sobriety tests, breathalyzer test, and medical conditions. If you or someone you know has been charged with DWI, it's crucial to contact a skilled criminal defense attorney as soon as possible.

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