Partying too hard can result in a DWI conviction. We all try to be respectful citizens who would never break the law, but we’re still human beings who can get carried away on certain occasions.
However, the consequences can be severe, and they range from expensive fines to jail time to the suspension of your license. But this is not necessarily the road you’ll have to take.
Once you’ve been charged with a DWI, you’re innocent until proven guilty, just like with any other crime. A prosecutor will need to prove you’re guilty beyond a reasonable doubt, and that’s not always possible.
An experienced attorney knows how to get those charges dropped, so you won’t have to lose your driver license because of a DWI. Legal flaws or doubts about key evidence will immediately be discovered so you won’t have to stand down and plead guilty.
A lot of people try to get through the entire process as quickly as possible without realizing they’re going to end up with these charges on their criminal record indefinitely. Do not play with your future. There are many ways to leave the courtroom unscathed, and a lawyer knows that very well. Accepting the decision of a judge without fighting back can compromise your future.
Different Ways to Fight a DWI
It should be obvious by now that getting charged and arrested because of a DWI is not a pleasant experience. But before your trial ends, there are many legal questions that will arise and many pieces of evidence that will need to be examined. This is where a legal advisor can make his move after he carefully examines your case.
Lack of Probable Cause for a Stop
The police officers who stop, detain, and arrest you must have probable cause to do so. They need to prove there was a reasonable belief or suspicion that you were engaged in a criminal activity while intoxicated or were endangering the life of everyone else on the road.
This standard procedure is fundamental, and if it’s not taken into consideration, all the evidence gathered will be suppressed and your case will get dismissed. If your license was suspended, it will be returned without question.
Compromised or Unreliable Breath Test
The tool used to measure blood alcohol concentration (BAC) is not perfect. It has many flaws and a lot of factors can compromise its results. Medical conditions, such as gastroesophageal reflux disease or hiatal hernia can create a substance in your mouth that will produce results similar to alcohol on your test, even if you never touched it.
A diet that will trigger ketosis in your body can also result in a false positive. Once all of this is proven in court, your charges will get dismissed and you’ll be able to keep your license.
Inaccurate Sobriety Test
Once you’re stopped, you may be asked to take a sobriety test, where you may be directed to walk in a straight line, follow instructions, or stand on one leg to measure your balance.
Failing one of these tests doesn’t mean you were intoxicated and you need to face penalties. Anxiety, poor coordination, vertigo, or clothing that doesn’t allow you to move freely also plays a factor. Even sober people have failed on more than one occasion, so once an attorney is able to prove what happened to a judge, your charges will be dismissed. This will allow you to keep your license.
Don’t Waste Time
As soon as you get detained, the clock starts ticking. This situation won’t solve itself, and waiting around will only make you look desperate and guilty. Cooperate with your local officers and ask for a lawyer as soon as possible. It’s going to make a world of difference and you’ll be able to return to your life quickly, where this entire process will only be a bad memory.