A DWI is a serious offense, and defending against it can be challenging. It’s best to consult an attorney to know your options for a solid legal defense. Every case is different, and an experienced lawyer will know which strategy to use in court. Here are a few arguments they might employ.

What Are Some Common Defenses Against DWI Charges?

1. No Probable Cause for Arrest

The police need probable cause to pull you over. If you’ve committed a traffic violation, such as going over the speed limit or beating a red light, the police can stop you.

However, if they did so without a legitimate reason, any evidence obtained related to the DWI charge is considered unacceptable. If the stop happened during a roadblock or checkpoint, it’s valid and can hold ground in the probable cause rule.

2. Improper Police Actions

A common defense against DWI charges is to challenge arrest procedures. Apart from an improper stop, your attorney may consider the actions of the police while arresting you. If the officer failed to give you the Miranda warning before questioning, any statement you’ve made can’t be used against you in court.

Arresting officers should also warn you that refusal to undergo a chemical test means automatic license suspension. Moreover, they should never violate your rights or act improperly during the arrest. If you can prove otherwise, it can help with your DWI charge.  

3. Accuracy of Field Sobriety Test

Field sobriety tests or FSTs determine if a driver is under the influence of alcohol or drugs. They’re used to prove one’s impairment while driving, but the results can be challenged when done incorrectly.

Sometimes, the arresting officer may have intimidated the subject while administering the test. FST observations are only one part of the evidence, and their accuracy is often scrutinized.  

4. Accuracy of Chemical Test

Chemical tests are used to establish a more solid proof of intoxication. However, the validity of the results can be questioned in several ways. For instance, the officer administering the breathalyzer test may lack experience, which affected the outcome.

It’s also possible that the blood and urine samples were tampered with or mishandled. In challenging these, you’ll need testimony from an expert.   

If you’re facing DWI charges, work with a seasoned attorney from Fiandach & Fiandach in Rochester, NY, to build a strong defense. They’ve provided top-notch legal representation and counsel to clients charged with DWI and other traffic violations since 1979. Call (585) 244-8910 to schedule an initial consultation, or visit the website to learn more about the firm.