Ways a Defense Attorney Can Help You Beat a DWI/DUI Charge

Facing a DWI (Driving While Intoxicated) or DUI (Driving Under the Influence) charge can be a daunting experience. The penalties for these offenses can be severe, including hefty fines, loss of driving privileges, increased insurance rates, and even possible jail time. Fortunately, a skilled criminal defense attorney can make all the difference in fighting these charges.

If you’ve been charged with DWI or DUI, call an expert DWI/DUI lawyer at Combs Waterkotte immediately at (314) 900-HELP. They will assess your case, challenge the prosecution’s evidence, and craft a strong defense strategy to protect your rights and future.

Ways a knowledgeable attorney can help you beat a DWI/DUI charge and why hiring one is essential if you’re facing these allegations:

• Analyzing the Legality of a Traffic Stop

One of the first steps your DWI/DUI defense attorney will take is to examine whether the police had a valid reason – reasonable suspicion – to pull you over. If the police officer didn’t have a legitimate reason for the stop, any evidence obtained afterward, like the results of a breathalyzer or field sobriety test (FST), could be inadmissible in court.

Your tenacious DWI/DUI lawyer will:

• Review the details of the stop, including the officer’s report and any dashcam footage.
• Challenge the officer’s reason for the stop, like if it was based on a hunch rather than clear evidence of erratic driving.
• File a motion to suppress evidence if the stop was unlawful, which can significantly weaken the prosecution’s case.

• Challenging the Results of Field Sobriety Tests

FSTs are a common method used by law enforcement to determine whether a driver is impaired. These tests typically include actions like walking a straight line, standing on one leg, or following an object with your eyes. However, these tests are subjective and can be challenged by an experienced attorney.

Your DWI/DUI lawyer can argue that:

• The tests were conducted under poor conditions, like uneven pavement, poor lighting, or bad weather, making it difficult for even a sober person to perform well. 
• Physical or medical conditions unrelated to alcohol or drug use, like fatigue, anxiety, or injury, affected your performance on the tests.
• The officer did not provide clear instructions or failed to properly administer the tests, which can undermine the reliability of the results.

• Disputing Breathalyzer and Blood Test Accuracy

The results of breathalyzer and blood tests are frequently critical pieces of evidence in DWI/DUI cases. These tests measure blood alcohol content (BAC). However, these tests are not foolproof and can be prone to errors.

A criminal defense attorney can help you beat a DWI/DUI charge by:

• Questioning the accuracy of the breathalyzer machine: Breathalyzers must be regularly calibrated and maintained to ensure accurate readings. If the machine was not properly calibrated or the law enforcement officer did not administer the test correctly, the results may be unreliable.
• Challenging the timing of the test: BAC levels fluctuate over time, and it’s possible that your BAC was below the legal limit while driving but had increased by the time you were tested. Your attorney may use this argument to challenge the validity of the test results.
• Investigating improper testing procedures: If a blood test was taken, the attorney will check whether the sample was handled and stored properly, as mishandling can lead to contamination or inaccurate results.

• Examining Witness Testimony and Police Reports

The prosecution frequently relies on police reports and witness testimony to build their case. However, these sources of evidence are not always as reliable as they seem. Your attorney will thoroughly review these accounts to find discrepancies or weaknesses that could work in your favor. For example:

• Contradictions in witness statements: If the testimony of witnesses, like other drivers or passengers, conflicts with each other or with the police report, your lawyer can use these inconsistencies to cast doubt on the credibility of the evidence.
• Officer bias: If the arresting officer made assumptions based on preconceived notions, like the smell of alcohol or your appearance, your defense attorney can argue that the officer may have been predisposed to believe you were impaired, even if the evidence doesn’t fully support it.
• Lack of evidence in the police report: Your lawyer will comb through the police report to find details that may be missing or exaggerated. If the report is incomplete or inaccurate, this can weaken the prosecution’s case.

• Negotiating a Plea Bargain or Reduced Charge

In some situations, the evidence against you may be strong, and a dismissal of the charges might not be feasible. However, even in these scenarios, a Combs Waterkotte DWI/DUI defense lawyer can still provide immense value by negotiating a plea bargain. Plea negotiations can involve pleading guilty to a lesser charge in exchange for reduced penalties or avoiding more serious consequences, like jail time. 

Your skilled attorney will:

• Use decades of experience and relationships with prosecutors to negotiate the best possible deal for you.
• Advocate for reduced penalties, like probation, community service, or participation in a diversion program instead of a conviction on your record.
• Work to minimize the long-term impact of the DWI/DUI charge on your life, including preserving your driving privileges and reducing the financial burden of fines or increased insurance rates.

• Filing Legal Motions to Strengthen Your Defense

A key aspect of any defense strategy is filing legal motions to challenge the evidence and procedures used by the prosecution. These motions can result in certain pieces of evidence being excluded from trial or even lead to the dismissal of the case altogether. 

Some common motions your DWI/DUI lawyer might file include:

• Motion to suppress evidence: If the police violated your rights during the stop, search, or arrest, your lawyer can argue that any evidence obtained as a result should be excluded from the trial.
• Motion to dismiss the case: If the prosecution’s case is weak or if significant evidence has been suppressed, your DWI/DUI attorney can file a motion to dismiss the case entirely.
• Motion to strike prior convictions: If you have prior DWI/DUI convictions, your lawyer can argue to have them excluded from consideration in the current case, reducing the potential penalties you face.

Facing a DWI/DUI charge is a serious matter that requires an expert criminal defense attorney to protect your rights and ensure the best possible outcome. If you’re accused of DWI or DUI, don’t face it alone, hire a Combs Waterkotte DWI/DUI attorney who understands the complexities of these cases and can provide the tenacious defense you need. Call (314) 900-HELP right away for a free, confidential consultation.