Just because you have been charged with a DWI doesn’t mean the case is ironclad. There’s a process, and you have a chance to defend yourself.
Being caught with a few drinks in your system can leave you facing so many hefty consequences that’ll keep you rethinking your decision to drink and drive that day for many months or even years to come.
Now, considering the weight of DWI convictions and their consequences, it would really be in your best interest to do all it takes to fight the conviction, especially at the early stage. The goal is to make sure the case is dissolved before you get your information in the system.
This guide will walk you through everything you need to know about fighting a DWI charge. Here are the steps you can take:
Step 1: Question the Traffic Stop
First off, ask yourself: Why did you get pulled over? Cops can’t just stop you for no reason; they need what’s called “reasonable suspicion.” It could be something as simple as swerving, speeding, or running a red light. If the officer didn’t have a valid reason for pulling you over, anything that happened afterward could be challenged.
So, think back. Were you actually committing a traffic violation, or did the cops seem like they were just fishing for something? If there’s no solid reason for the stop, that could be a huge point in your favor. And your lawyer can dig into the details to see if there’s any footage or notes from the officer that might support your case.
Step 2: Challenge the Breathalyzer or Blood Test Results
If you took a breathalyzer or blood test, the results are going to play a major role in your case. But don’t think that just because a machine spits out a number, that’s the end of the story. Breathalyzers, in particular, are notorious for being finicky.
For starters, these machines need to be calibrated and maintained regularly. If they aren’t, the results could be inaccurate. Your lawyer can request the machine’s maintenance records and see if there’s any indication it wasn’t working right.
Step 3: Were Your Rights Violated?
Throughout the whole process, from the moment you were pulled over to when you were arrested, your rights need to be respected. If the officer violated your rights at any point, it could lead to the charges being dropped.
Did the officer read you your Miranda rights? If they didn’t, and they questioned you after the arrest, any statements you made could be thrown out of court.
And what about the arrest itself—was it done by the book? These are all things your lawyer can look into. Any violation, no matter how small it seems, can help your case.
Step 4: Alternative Explanations for Your Behavior
Just because you might have shown signs of impairment doesn’t mean you were necessarily intoxicated. There are a lot of things that can mimic the symptoms of being drunk.
Fatigue, certain medical conditions (like diabetes or a seizure disorder), medications, or even stress can cause symptoms that look like intoxication.
If you have a medical condition that could explain your behavior, make sure you let your lawyer know. It’s possible that what the officer saw as signs of impairment was actually the result of something entirely different.
Step 5: Consider Plea Bargains (When It Makes Sense)
In some cases, especially if it’s a first-time offense or the evidence isn’t overwhelmingly against you, you might have the option to negotiate a plea deal. This could reduce the charges against you or lead to lesser penalties.
It’s not always the route you want to take, but it’s worth considering depending on your situation.
However, don’t jump at the first offer that comes your way. Work with your lawyer to weigh the pros and cons.
Sometimes, fighting the charges outright might be worth it if the evidence against you is weak. Other times, a plea bargain could save you from harsher penalties.
Wrapping Up
Fighting a DWI charge isn’t easy, but it’s definitely doable if you know where to look for cracks in the case. If your case makes it to court, make sure you have an experienced attorney by your side.
On your part, you also need to fully understand what’s going to happen during the trial, know how to answer questions, and stay calm under pressure. The more prepared you are, the better your chances of fighting the DWI charge.
