Common Defenses A DWI Lawyer May Use to Help Fight Your DWI Charge
A DWI, or driving while intoxicated charge, can have a huge impact on your life. If you are found guilty of this offense, you can lose your license for some time, may have to pay hefty fines and fees, may have to pay significantly higher insurance rates when you are allowed to drive, and will have a criminal conviction. A criminal conviction can limit what jobs you can get, your ability to find a rental home, and even the countries you can travel to. A DWI attorney San Antonio-based can use common defenses to help you fight the charges you face. Here are some common defenses that a DWI lawyer may use to help you fight your DWI charge.
There Was No Probable Cause to Pull You Over
One of the most common defenses that a DWI lawyer may raise to help you fight your DWI charge is that there was no probable cause to pull you over. A police officer cannot simply sit outside of a bar and pull over every patron who leaves the bar. They have to have a reason to pull you over. This can include an expired registration, speeding, broken tail light, or swerving while driving. If the cop didn’t pull you over for a valid and legal reason, this defense would likely be used.
There Were Issues With the Breathalyzer
Another common defense that DWI lawyers use when fighting DUIs or DWIs is that there were issues with roadside testing, including the breathalyzer. The breathalyzer may give off false positive readings if you just used mouthwash or you have certain medical conditions. Additionally, a breathalyzer must be properly cleaned, calibrated, and maintained, or the readings can be off. If the proper protocol is not followed, an attorney can move to have the breathalyzer reading thrown out of court, which may be the end of the line for the case.
You Had Other Reasons For Driving the Way You Did
If you were pulled over and arrested for driving while under the influence based on how you were driving, a DWI attorney might state that there were other reasons for driving the way you did. For example, you may have had low blood sugar or been suffering from some other medical emergency. This defense asks why you were pulled over and may have been driving in a less-than-safe manner, which helps to raise reasonable doubt in the judge’s or jury’s minds.
Blood Samples Were Taken Outside of the Recommended Window
The final defense that a DWI lawyer may use to help you fight a DWI charge is that blood samples were taken outside of the recommended window. Specific timeframes need to be followed if a blood draw is being done. If the blood draw is outside of this timeframe, it can negatively impact the test results. Additionally, specific protocols must be followed when completing a blood draw, including a chain of custody for the blood itself. If the protocol is not followed, your attorney will fight to have the results left out of court, which may limit the state’s ability to prove you were driving impaired.
If you have been charged with a DUI or a DWI, it is important to contact a DWI attorney San Antonio-based as quickly as possible. This helps the attorney preserve evidence and get to work building the best possible defense to the charges you face. Reach out to a local criminal attorney specializing in DWI cases today to get the legal representation you deserve for this charge.
