Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) are growing to be very common crimes. The laws surrounding these types of offenses are getting tougher and law enforcement is cracking down. There is some hope for getting a reduced charge; however, this is only for first time offenders.
Defenses to a DUI/DWI Charge
Below are several defenses to a DUI or DWI charge. These will not work in all cases, however, they may be helpful if they apply to your situation.
- Lack of probable cause for the traffic stop
- Improper handling by the arresting officers or investigating officers.
- A faulty field sobriety test that is not recognized by the National Highway Traffic Safety Administration
- An inaccurate breathalyzer reading due to problems with the device (there are studies which show that around twenty three (23) percent of breathalyzer readings are computed at higher levels than the actual Blood Alcohol Content (BAC) of the individual.
- Problems or inaccurate blood tests, some individuals will receive blood tests instead of breathalyzer tests. There have been instances of fermentation in the blood vial, which will affect the results.
- Mistaken Identity - The slim chance that a persons test results were mixed up with another individuals.
- Rising blood alcohol level. There are some instances where a person BAC was actually lower at the scene than it is at the police station. This can happen for a number of reasons, but is also rare.
These are some of the defenses, there may be additional defenses out there depending on the actual events of the arrest. Driving a vehicle on private property while intoxicated is most likely not going to mount to a very good defense.
It is important to know the way the judicial system works if you are attempting to have DUI or DWI charges reduced. There are important steps that have to be taken immediately and motions that need to be put in. Hiring a qualified attorney is most likely your best bet, a court appointed attorney can be very helpful, but may not make the best case for you. Being arrested for a DUI or DWI is a serious matter, it goes on your record, it can affect things such as loans, housing and jobs. If you are able to work with a skilled attorney there is a chance of having your charges reduced to a wreckless driving charge.
If you have specific questions or are in this position you may want to consider speaking with a qualified attorney in your area.
