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Charged with a OWI? One of these defenses might apply

On Behalf of | Sep 11, 2017 | Drunk Driving |

A conviction for driving while intoxicated (DWI) can have a lasting effect on many aspects of your life. For example, if you are a college student your university can suspend you, you might lose access to financial aid, and you may even have problems finding a decent job or a nice apartment with a criminal conviction on your record.

If you are facing a DWI charge, there may be a strong defense available to you. While your attorney will be your best source for a solid defense, read below for some common defenses to drunk driving that might apply to you.

Traditional defenses

Other defenses to drunk driving that are common tend to involve misconduct or mistakes made by law enforcement officers. These include an improper or illegal stop, improperly administered or faulty field test or breathalyzer, and corruption of blood test results.

The defense of an improper stop is one that defense attorneys commonly use. In cases like this, the defense claims that the police officer that made the initial stop did not have reasonable cause to do so. The other defenses mentioned tend to involve mistakes made when the officer administered a field sobriety test or used a testing device that was not calibrated properly or not functioning correctly.

Other defenses

Another defense that is less common is that the person the police charged with the DWI was not actually the person driving. This can happen if you quickly switch places with a driver because you think that you are sober but end up failing a field sobriety or blood alcohol test.

Improper police action is another defense that attorneys can use on rare occasions. Usually, improper police action involves an officer violating your civil rights, falsifying a DWI police report or engaging in some other illegal action.

If law enforcement officers have charged you with a DWI, it is important that you understand all of your rights and options. One of your rights is to defend yourself against the charges in front of a court. Your attorney will be able to help you fight back against the charges.



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