A DWI conviction will have serious ramifications, so it’s imperative that you either contest the charge in court or work with the prosecution to see if they would be willing to make a deal. If you’re going to fight the charge in court, it’s also helpful to know some of the best ways to challenge the validity of a DWI charge. But what are some of the best defenses to DWI in Minnesota? We take a look at some of the best DWI defenses in today’s blog.
Best DWI Defenses
Obviously the best way to defend yourself against a DWI charge is to avoid getting behind the wheel after drinking, but lets assume for the sake of this blog that you’ve already been arrested and charged. In this case, what are you best angles to consider when defending yourself in court? Here’s a look at some of the better options.
Lack Of Probable Cause/Reasonable Suspicion – You’ll want to ensure that police were justified in pulling you over. They don’t need to suspect that you are under the influence before they pull you over, but they do need to have reasonable suspicion that a crime has been committed. If they see you speeding or rolling a stop sign, they can legally conduct a stop and assess the situation, but they can’t simply pull you over because they saw you leaving a bar. If reasonable suspicion does not exist, your case may be thrown out.
Your BAC – Another place to attack is your blood alcohol level. If the breath test was improperly administered, a blood, breath or urine sample was collected without your consent or a warrant, or the testing equipment had not been calibrated or serviced regularly as required, you can argue that flaws exist with the evidence against you.
Rights Infringement – You have the right to contact an attorney prior to completing a field sobriety test or breathalyzer. If the officer does not inform you of these rights, or you are not allowed to contact a lawyer in once the interaction has reached this crucial point, you may be able to challenge the validity of the arrest.
Mistake Of Fact – You can also look to challenge parts of the police report that are incorrect or an outright lie. It may be tough to argue that you were not swerving like the officer said you were, but if they say they witnessed you turn onto the highway but you did not use the on-ramp in question, or they claim that you were belligerent when the dash camera shows otherwise, you can attack the credibility of their testimony.
Let A Lawyer Handle It – Finally, the best way to challenge a DWI is to let a lawyer do all the heavy lifting for you. They’ll be able to look at all angles and put pressure on the prosecution, which usually helps them build a strong case. Your best defense in the courtroom is to have a lawyer by your side.
If you need help after a DWI or similar criminal charge, let the team at Appelman Law Firm put forth a winning defense. For more information, reach out to our team today at (952) 224-2277.
