Fighting a DWI is possible,although it’s a lot easier when you understand the system,and when you have an experienced attorney on your side. A DWI arrest doesn’t always mean a conviction,and you should also be aware that different states have different guidelines and requirements. If you are pulled over,make a note of everything that might help your case in the future.
One of the first things to ask yourself is whether the officer asking you to stop did so legally. Basically,you need to be able to prove that the officer had no good cause to stop your vehicle,although it’s not always easy to prove this. However,if you were stopped because you ‘looked suspicious’ then you can probably successfully appeal. The officer is also required to read you your rights; if this doesn’t happen,the case can be dismissed.
Proving that a sobriety test wasn’t correctly administered is another potentially effective way of fighting a DWI. And the results can also be questioned for several reasons,including poorly maintained or malfunctioning equipment. The driver’s overall health,existing medical conditions,and even vestiges of food recently eaten can all affect the reading,making it inadmissible as evidence of a DWI.
Many cases are based almost entirely on the testimony of the law official that stopped you,and one way to beat a DWI is to challenge that testimony. A good lawyer can find holes in the officer’s testimony,or perhaps get them to contradict themselves. You may also be able to cast doubt that it was even you driving the vehicle to begin with. Not surprisingly,many officers simply can’t be bothered to proceed if their testimony is questioned or there are other factors that put the legitimacy of the case in doubt. Of the approximately one and a half million DWI cases each year,many are simply dismissed,especially when a attorney constructs the defense.