We always believe that you should challenge criminal charges in court, but that sentiment is especially true for anyone facing a driving while intoxicated charge. A DWI conviction can have serious personal and professional consequences, including jail time, the loss of your driver’s license and thousands of dollars in fines and added fees. You need to challenge a DWI charge, and we’re going to tell you the best ways to to it.
The Five Best DWI Defenses
The following is part of a series that focuses on the best defenses for specific crimes in Minnesota. Remember that this is just general information, and the actual best defense plan will come from a lawyer who can review the specific facts of your case to give you the best chance of beating the charges. So while we will look at five DWI defenses that are oftentimes effective, a lawyer will be able to help you determine your best path forward. For help with this decision, reach out to Avery and the team at Appelman Law Firm today at (952) 224-2277.
1. Illegal Stop – As we always say, the ends can’t justify the means. If an officer finds that you are under the influence but had no valid reason for conducting a traffic stop in the first place, the entire case may be thrown out. Your lawyer will look to ensure the traffic stop itself was justified.
2. Equipment Issues – Your lawyer may also go after the validity of any evidence that was collected with electronic equipment. If there is reason to believe that the test was inaccurate, the equipment was improperly stored or it hadn’t been regularly calibrated as necessary, that evidence and your entire case can be thrown out.
3. Challenging The Officer’s Report – If the officer reported that you failed the field sobriety tests or that you had slurred and incoherent speech, but the video evidence suggests otherwise, your lawyer may work to discredit the officer. This may be hard to do if it’s just your word versus their word, but if witnesses or video evidence corroborate your version of events, you may have a valid defense.
4. Rights Violation – You have a right to speak to an attorney prior to conducting field sobriety tests or taking a breathalyzer. If an officer denies you that right, or your Miranda rights are not clearly explained, you may be able to challenge the charge on the grounds of a rights violation.
5. Not In Physical Control – As we talked about on this blog, you can get a DWI without driving so long as you are in physical control of the vehicle. That said, if you’re not driving, we can make a pretty compelling argument that you were not actually in physical control of the vehicle at the time of the incident.
At the end of the day, your lawyer will review all aspects of your case and work with you to develop the strongest defense for your case. If you’d like Avery and his team to help you form this defense, give our team a call today at (952) 224-2277.
