Your Legal Rights at Work

Arrested For Allegedly Driving While Intoxicated? Know Your Possible Defenses

by Lewis Hamilton

If you have been accused and arrested for a DWI, you will be potentially facing some major penalties if convicted. The consequences are far more than only having your license suspended, because you could receive jail time or large fines as well. When you find yourself being accused of a DWI, you should hire a legal team that can help you with one of the following defenses.

You Were Not Driving The Vehicle

A police officer has the right to arrest you if they believe you are going to be a danger to someone else's safety, which includes potential drunk driving. Your arrest may have occurred while you were inside your car that was parked at the time, and not actually driving it.

In this situation, you have a viable defense to the DWI charges. This defense will not help if you were actually driving while intoxicated and pulled over to the side of the road. If your car was idling at the time, you will have an even harder time proving that you did not have the intention to drive.

There Were Issues With How You Were Arrested

The circumstances that surrounded the arrest could play a vital role in your DWI defense. One reason is not being told your Miranda rights. It's a classic situation that you may have seen in movies, and can be an actual defense if they were not read to you or were read incorrectly.

You can also claim that the officer did not have probable cause when pulling you over. For example, if you were not speeding or driving erratically, you could question the officer's reasons for pulling you over.

These two defenses may not provide the best defense on their own, but they can further add to your case if arrest issues were one of several problems relating to your inaccurate accusation of drunk driving.

You Can Prove You Weren't Drunk When Arrested

The arresting officer most likely had you take a blood alcohol level test or a field sobriety test when pulled over. If they opted for the latter, there is a possibility that you failed the test while not under the influence of alcohol.

For example, you may have failed the test because of a physical impairment or illness. If you are able to get a note from your doctor proving your condition at the time, it can lead to the DWI charges being dropped. You may be charged with reckless driving instead, but the punishment will not be nearly as bad as if you were convicted of a DWI.

Your DWI attorney can help you further explore your defense options.