What are possible defenses against DWI charges?

On Behalf of | Sep 1, 2022 | Criminal Defense |

It is always possible to fight DWI charges. Simply accepting the charges can be a big mistake, especially when there are many options and strategies available to protect your rights.

So, how can you defend yourself?

5 ways to fight DWI charges

There are a few common defenses against DWI charges. These include:

  1. Challenging definitions: There are certain elements that the prosecution must prove to obtain a conviction. You can challenge these specific details and the definitions. For example, it is possible to face charges even if you were sleeping it off in your car. You can challenge these charges and the definition that you were “in control” of the vehicle if the keys were not on your person or in the ignition, or if you were sleeping in the back seat.
  2. Challenging the breath test: It is possible to challenge the accuracy of the breath test results. The machine may not be properly calibrated, or perhaps another substance in your system caused a false positive result for alcohol. Additionally, you can also challenge the breath test results if the police officer did not properly administer the test. North Carolina law requires officers to follow the rules of the Department of Health and Human Services. If they do not follow these rules, it is possible to dispute the test results.
  3. Challenging observations: Police officers will often give testimony in a DWI case. The report they file also serves as evidence. You can challenge their observations from before and even during the traffic stop. For example, mental and physical disabilities can make any of the field sobriety tests difficult. You can challenge their observations during these tests with evidence of how your disability affects you.
  4. Questioning police actions: It does not matter if you face criminal charges or not. The police cannot violate your rights. If officers do anything that violates your civil rights, the court may dismiss the charges.
  5. Proving the stop was improper: Along with police actions, there are rules they must follow to conduct a traffic stop, from pulling someone over to a potential arrest. If they had no probable cause for any of their actions, it is possible to dispute the charges.

Proving any of these five defenses could get DWI charges reduced or even overturned completely. Getting charged with a DWI is not the end. You have many options to fight these charges and protect your future.