If you are charged with driving under the influence, you want to put up the best defense possible in court. But what are some of the best defenses to a charge of driving under the influence? In today’s blog, we take a closer look at some of the best defenses for a DWI charge in Minnesota.
Best DUI Defenses
The best defense will be developed on an individual basis based on the facts of the case. For example, arguing that the breathalyzer results were inaccurate and that the suspect was not under the influence may work for one individual, while it might not work for others. Determining which route to pursue will be determined by connecting with an experienced criminal defense lawyer, reviewing the facts of your arrest and understanding all of the evidence that helps and hurts your case.
From there, you attorney may choose to build a defense around a few main points. Some of the best ways to attack the prosecution’s arguments in a DWI case include:
Challenging The Traffic Stop – One part of your arrest that will be thoroughly scrutinized by your lawyer is the traffic stop. If the officer did not have a valid reason for stopping your vehicle, it may not matter that you were under the influence. The ends don’t justify the means, and the police need to have a legal reason for stopping your vehicle and ultimately performing roadside tests. If anything is amiss with this process, you may be able to win your case quite easily.
Your Rights – This relates to the above point, but if your rights were infringed at any point in the process of your arrest, the case may be dismissed. If police illegally pull you over, if they don’t inform you of your rights or evidence is illegally collected, you can push for you case to be dismissed. Your lawyer will look for any rights violations when hearing your side of the story and when reviewing the dash camera footage from your arrest.
The Chemical Test – The prosecution typically relies heavily on the blood, breath or urine test to argue their case. Breath tests can be inaccurate, blood or urine tests can be obtained illegally, or their could be a major issue with the testing equipment or how the sample collection was acquired. The chemical test results are a very common area to attack when it comes to your defense, because the results are never as straight forward as the prosecution would want you to believe they are.
Police Inaccuracies – One final defense tactic that your lawyer will consider is challenging the officer’s version of events. If they write in their report that the incident occurred one way, but you have a different version or the dash camera suggests otherwise, you may be able to tank the prosecution’s case. Making sure that the police are held accountable to what they put in their report or what they say on the stand is very important, and it’s an angle your defense lawyer will examine closely.
There are certainly other defense angles to pursue, but these are four of the main defenses that any good criminal lawyer will lean on when working to develop a case. To connect with a lawyer who can help you find a satisfactory conclusion to your DWI case, reach out to Avery and the team at Appelman Law Firm today at (952) 224-2277.