What Are Some Common DWI Defenses?
Posted on Mar 20, 2019 in DUI/DWI
At Bloom Legal, we have been helping clients fight DWI charges for a decade and a half. We understand that everyone makes mistakes, and we don’t think any person’s livelihood or wellbeing should be threatened because of it. If you have been arrested for drunk driving, you have a number of options for defense. One of the best things you can do for yourself is hire a New Orleans DWI attorney to help you navigate the process and build a case.
We understand that every DWI case is unique, and requires an individual and strategic approach to defense. That’s why we work closely with our clients and their loved ones to build a defense best suited for them and their specific situation.
Some DWI defense strategies include:
- A DWI defense lawyer may argue that the traffic stop was unwarranted in the first place, that he arresting officer did not have sufficient reason to pull their client over.
Improper administration of sobriety test
- If the sobriety test or tests are not administered in accordance with legal procedure, the results may be rendered null in a court of law.
Inaccurate or false results of sobriety test
- There are many different types of sobriety tests, and some are more subjective than others. A breathalyzer usually presents pretty definitive evidence, unless there is a malfunction or multiple incongrous readings. However other tests, like walking in a straight line or reciting the alphabet backwards for instance, require the officer to make more of a judgement call. A DWI defense attorney may be able to argue that the officer judged improperly, or that there were extenuating circumstances beyond drugs or alcohol that attributed to the results of the test.
Improper conduct on the part of the arresting officer
- Police officers must abide by a legal protocol when conducting traffic stops and making arrests. For instance, they must have plausible reason for pulling someone over and they are required to read individuals their Miranda rights before making an arrest. Failure to conduct themselves in accordance with the law may render certain evidences unsubstantiated in a court of law.
These are just some of the defenses a drunk driving lawyer may employ as defense for their client. Again, each case is unique, and it’s important to have an experienced DWI lawyer to help build a compelling case.
In those instances where innocence cannot be prove, a DWI attorney can still negotiate with the prosecutor to try to get a reduced punishment. To do this they may point to things like their client’s driving or criminal record, or they may encourage their client to seek professional help for substance issues in exchange for leniency from the court, among other things.
Have You Been Arrested For Drunk Driving?
If you or someone you know is facing a DWI charge, the experienced DWI lawyers at Bloom Legal can help. We have been representing individuals charged with drunk driving in the greater New Orleans area for a decade and a half.
We can help throughout the entirety of the process, from getting you out of jail, to building your case, helping you deal with any potential license suspension, and representing you in court.
Contact us today for a free consultation. We are available 24/7 to take your call.
For more information on DUIs check out our Drunk Driving FAQs.