If you’ve been charged with a DUI/OWI, you may feel the odds are stacked against you. The legal process could be long and have results on your record and your license. However, several common defenses can be used to help reduce or dismiss charges.
Common Defenses for DUI/OWI
Many charged with a DUI or OWI feel there is no way to move on. This is incorrect, as a charge doesn’t necessarily mean you will be convicted. There are many procedural laws surrounding DUI/OWI arrests and specific ways police officers must conduct themselves. If that procedure isn’t followed or there is an error in judgment or equipment, it may result in charges being reduced or dropped.
Probable Cause & Right to An Attorney
One of the most common defenses against DUI/OWI charges is that under the fourth amendment, a police officer must have probable cause to stop your vehicle or a reason to believe you were breaking the law. Another is that the officer did not correctly communicate your rights upon arrest or allow you to speak to a lawyer if requested. Whatever they discover is inadmissible in court if either of these things occurs.
Testing Inaccuracies
Any tests they administer at the scene or after arrest must follow proper procedure. Any field sobriety tests, breathalyzer tests, or blood tests must follow an exact protocol, or they will be considered inaccurate. Field sobriety tests are notoriously unreliable; even breathalyzers can produce false readings if they are not properly calibrated or administered. Blood samples also must be stored in a certain way. If there is doubt about the accuracy of the test results, it may be possible to get the charges against you reduced or dismissed altogether.
How a Criminal Defense Lawyer Can Help with Your Case
If you contact an attorney immediately, they can advise you on how to speak to the police and even speak on your behalf. They can work to have the charges against you dropped or reduced and will also be able to advise you on how to plead when you go to court. Eventually, they may also negotiate with the prosecutor on your behalf and help you understand the consequences of a conviction. Stroud, Willink & Howard LLC has real courtroom experience using these defenses to fight for our client’s rights. We know what evidence to look for that could prove your innocence, and we are familiar with the prosecution’s strategies. This knowledge can be vital in getting a favorable outcome in your case. Contact us today for a free case evaluation.
