Sunday, October 13, 2013

Common Defenses Against DWI

Driving under the Influence (DUI) and driving while intoxicated (DWI) are serious offenses that can merit a stiff penalty for the offender. If you get involved in a DUI or DWI case as a defendant, it is highly advisable to hire a lawyer who is knowledgeable in this field.

Proving DWI involves two things: (1) you were driving the vehicle at the time of the incident; and (2) you were “under the influence” of alcohol which impaired your ability to drive safely. A DWI defense can be successful if you, through your lawyer, can disprove or cast doubt on one or both of these conditions.

If you were arrested while in the act of driving, disproving the first condition would be difficult. However, if you were simply sitting behind the wheel, and no evidence can be presented to show you had been driving, you can use this in your defense. Additionally, if you were pulled over, detained, or arrested without probable cause, you can challenge the validity of the arrest. Likewise, if you were not read your Miranda rights after the arrest, you may also argue against the arrest or against certain evidences by the prosecution.

Another common DWI defense is to challenge the observations made by the arresting officer, such as the manner you were driving, talking, or walking during the sobriety test. If you can present evidence to contradict or successfully cast doubt on the officer's testimony, you can use this to get acquitted from the charge.

No comments:

Post a Comment