Do you want to know how to overcome a DWI? Well, here are 5 tips to beat a DWI. DWIs can seem like a big deal, but if you keep calm and follow these tips, the likelihood of receiving a DWI is low.
Table of Contents
Tip #1: Challenge The Legality Of The DWI
Many reasons exist for why a driver may be driving slightly erratically, ranging from illness to being tired. These can make it seem like a person is intoxicated and lead to a possible DWI charge. If you were not conducting any criminal violation, nothing gathered by police afterward could be used against you.
Without probable cause, you cannot be charged with a DWI. Hiring a skilled defense attorney is the first step to challenging the legality of you conviction.
Police have to have evidence showing that they had probable cause to pull you over. Be sure to ask that evidence of this is shown before the court at your hearing.
Tip #2: Challenge The Reliability Of The Breath Analyzer
Breath analyzers suffer from many different faults and can falsely lead the police to think that you are driving under the influence. Breath analyzers also don’t even read your actual blood alcohol content; rather, they measure the amount of alcohol on your breath.
Other Possible Causes:
- The police were misusing the breath analyzer, leading to a false reading.
- The breath analyzer malfunctions and fails to read the alcohol content in your mouth correctly.
- The police officer performing the test failed to observe the accused person’s behavior before administrating the test.
Tip #3: Challenge The Field Test You Were Given
A person may act intoxicated during a field test for an assortment of reasons. The tests given are hardly ever fully accurate. In fact, they often lead the police to make false accusations based on them.
Reasons for an incorrect field test:
- Many DWIs are given at nighttime, meaning that the person taking the test doubtfully has good lighting. Poor lighting can make it harder to perform the requirements of the field test.
- You are wearing bad footwear, making it hard to keep your balance.
- Bad weather conditions are making the ground slippery or otherwise unfair to you as you take the test.
If you can prove that external factors could affect your field test, it will make it harder for you to be charged. So after your incident, take note of all other factors that could have influenced your field test.
Tip #4: Make The Police Prove You Were Driving
Unless the police can supply evidence proving that you were actually driving your car, it will be harder for them to charge you with a DWI. Always make sure that you are asking for evidence every step of the way.
Asking for evidence helps prevent you from being charged for a DWI falsely and keeping your criminal record clean.
Tip #5: Bring Up Your Medical Conditions
If you have any medical condition that could affect your mouth alcohol levels, you can use that as evidence to beat down the DWI. Any of the following conditions could show that the breath analyzer test was wrong.
Conditions:
- Gastroesophageal Reflux Disease
- Acid Reflux
- Heartburn
All of the above conditions can change the amount of alcohol in your mouth due to them bringing acid up into your throat and mouth.
Conclusion
DWIs can be a terrifying thing, especially for first-time offenders. As long as you keep your head though and seek proper legal guidance, you can decrease your chance of being charged. Barkemeyer Law Firm is a great firm to give you that guidance and set you on your way.
You will be fully prepared for any DWIs now since, in this article, you learned 5 Tips To Beat A DWI.
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