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When you’ve been arrested for a DWI, police and prosecutors may try to make pleading guilty and accepting the consequences seem like your only option. Fortunately, the criminal justice system provides a variety of defenses available to defendants who decide to fight back against DWI charges. Below are a few ways a DWI lawyer may protect you from this serious offense and the potentially life-altering penalties.

3 Defenses for a DWI Charge

1. You Were Not in Control of the Vehicle

In some states, a driver can be charged with a DWI even if the vehicle wasn’t in motion at the time. However, some states require prosecutors to prove that the defendant was either driving or intended to drive to secure a conviction. For example, the Supreme Court of New Mexico has decided that someone can’t be charged with a DWI if they were asleep in the vehicle with the keys on the passenger seat.

2. The Police Didn’t Have Probable Cause

dwi lawyerThe law requires police to follow strict procedures when placing defendants under arrest. For instance, officers must have probable cause before pulling you over and administering field sobriety tests. If the officer cannot articulate why they stopped you, your DWI lawyer can challenge the grounds for your arrest.

3. The Officer’s Observations Were Inaccurate

Many DWI charges depend on the arresting officer’s observation of your behavior, including the quality of your speech and the look of your eyes. Depending on their testimony, a DWI lawyer may choose to challenge these observations and cast doubt on the legitimacy of the arresting officer’s opinion.

 

If you’ve been accused of a DWI, the law office of Gary C. Mitchell, P.C. in Ruidoso, NM, is your best defense. Since 1977, this accomplished legal team has been fighting for the rights of defendants throughout New Mexico, earning a reputation for zealous representation and effective results. To schedule a consultation with an experienced DWI lawyer, call their offices at (575) 257-3070 today.

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