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If you’ve been charged with driving while intoxicated (DWI), being convicted can negatively impact your life for years to come, from your career opportunities to child custody disputes. For that reason, fighting to get the charge dropped or lessened should be a top priority. There are a variety of strategies attorneys use to accomplish this feat. Learn more about a few effective arguments with this guide. 

3 Common DWI Defense Strategies

1. Medical Conditions

When a police officer pulls over a person they suspect of being under the influence, they look for signs of intoxication. However, many of these symptoms are also characteristics of common health problems. For example, hypoglycemia, or low blood sugar, causes fatigue or drowsiness, blurred vision, and irritability

DWINot only do these symptoms hinder field sobriety tests, but the associated changes in body chemistry can cause breath and blood alcohol tests to produce false positives. As a result, the presence of certain medical conditions may be enough to create reasonable doubt in the minds of a judge or jury. 

2. Lack of Reasonable Suspicion

Police officers are legally required to have a legitimate reason to stop a civilian driver. Actions that give reasonable suspicion are typically related to traffic law, such as speeding, swerving, or running a stop sign. If you did not commit one of these infractions, an attorney may be able to argue that the stop was invalid. 

3. Improper Procedures

Even when suspected of committing a crime, drivers have legal rights, such as being read the Miranda rights if they’re arrested. If the officers don't follow the correct procedures, it can be considered a violation of rights. As a result, the evidence or even the entire case could be dismissed. 

Procedural rules also govern breath and blood alcohol tests. If the testing instruments or methods used by the police are found to be unreliable, the validity of the results can be questioned. Lack of officer training, improper preservation, and use of an unaccredited lab are all potential DWI defenses.

 

If you've been charged with a DWI in the New Braunfels, TX, area, reach out to Ronald D. Zipp, Attorney at Law to review your options. This attorney provides clients with personalized legal representation in matters of criminal defense, personal injury, and family law. Review the firm's service offerings online and book a consultation by calling (830) 629-5600.

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