Contesting DWI Charges
In some circumstances, contesting a DWI charge may be the best way to avoid the consequences of a conviction. The process of developing a defense may be expensive, and there are also collateral consequences if the case proceeds to trial. In some circumstances, it may be necessary to hire an accident reconstruction specialist or an expert witness. Additional costs may arise from other circumstances as well.
Record The Details
If you’ve been arrested and charged with a DWI, one of your first steps should be to record the details of the incident. While these details may seem obvious, they can make a significant difference in your case. For example, you should write down the time and place of the incident.
Research Field Sobriety Tests
If you are planning to fight a DWI charge, you should research the reliability of field sobriety tests. The National Highway Traffic Safety Administration (NHTSA) has conducted studies on the reliability of the three most common tests, and it recommends a standardized test battery.
The study results have indicated that all field sobriety tests have a high degree of validity and are highly sensitive to alcohol. However, some tests are better than others, and there is no single test that is 100% accurate. The walk-and-turn test, the one-leg-stand test, and the horizontal gaze nystagmus test are the most effective tests when it comes to correlating BAC with actual impairment.
The finger-to-nose test, for example, hasn’t been validated to correlate with blood alcohol concentration. In this test, the suspect is asked to close his eyes and tilt his head back. He’s then asked to estimate how long it takes for 30 seconds. While this test may not show the true level of alcohol consumption, the test can be used to help the officer establish probable cause for arrest.
Extenuating Circumstances Influence Sobriety Test
Defending DWI charges can be challenging, especially if you are accused of driving under the influence of drugs or alcohol. Taking a field sobriety test is subjective, and even the soberest of people can fail it. Furthermore, a test must be properly administered to be valid. Therefore, it is important to contact an attorney before agreeing to take a test.
A skilled DWI defense attorney will know how to challenge the validity of the sobriety test. He will have access to the investigation report and police reports. This will allow him to identify weak points in the case and develop an effective defense. Many police officers conduct field sobriety tests without a warrant or proper authority, and these results will be used in court. Because these tests are unreliable, an experienced attorney can challenge the validity of the results.
During the field sobriety test, the police officer must observe certain clues that indicate intoxication. They must also consider other factors, including weather, car lights, and the driver’s physical and mental state.
Improper Administration Of Tests
The administration of tests by police officers can be challenged in a DWI case. There are several reasons why officers may be unable to properly administer tests. For example, officers may have the wrong amount of sodium fluoride in the test tube, which can lead to flawed results or false positives.
Improper administration of blood tests or breath tests can be challenging in court. Improper administration of these tests can invalidate an arrest and result in the suppression of evidence. A DWI attorney with experience in the criminal justice system can raise defenses involving these procedures and ensure that they are properly administered.
Another reason why a breathalyzer test may not be accurate is a medical or psychological condition. These conditions can make it difficult to perform the horizontal gaze test or balance test properly. Alternatively, an attorney can question the proper calibration and maintenance of the device used to administer the test. In some cases, an attorney may also question the chain of custody of the blood sample.
Non-Standardized Field Sobriety Tests
Whether you are contesting a DWI charge or merely pursuing a DUI case, you should be aware of the significance of non-standardized field sobriety tests. While non-standardized tests are not scientifically valid, they can be used as evidence to justify an arrest and conviction. The National Highway Traffic Safety Administration approves three types of such tests: the walk-and-turn test, the horizontal gaze nystagmus (HGN), and the one-leg stand test. However, some states have laws that make these tests inadmissible. In these cases, you should not be afraid to challenge the results.
Some pre-existing conditions can affect the results of sobriety tests. For example, a person with a neurological disorder may be unable to perform a one-leg stand. Likewise, people with back or leg problems can have difficulty performing sobriety tests. Moreover, conditions such as lightning and rain can affect the results.
Accuracy Of BAC Tests
If you’ve been arrested for DWI, you need to know that BAC tests are not always accurate. The reason is that blood samples must be collected properly and stored stably. In addition, if the blood samples are not stored properly, they may go bad and skew the results. If you’re facing DWI charges, it’s important to contact a local DUI defense attorney who can help you challenge the accuracy of BAC tests and protect your license.
Urine tests are notoriously inaccurate when it comes to measuring BAC. However, the police must use any evidence they have to prove that you were drinking. The most effective way to do that is to challenge the accuracy of the test. The results of these tests are admissible in court if they were administered correctly.
Refusing to take a breathalyzer can also lead to a common law DWI charge, which is much worse than a standard DWI charge. It can result in a lesser charge or some cases, no charge. The latter situation is better for a driver who isn’t drunk.
Lack Of Probably Cause
When contesting DWI charges, you can argue that the officer had a lack of probable cause for pulling you over. This defense is based on the Fourth Amendment to the U.S. Constitution and can be a valuable defense for you if you have been stopped by the police for any reason. The Fourth Amendment protects you against unreasonable searches and seizures and requires the police officer to have a reasonable suspicion that you committed a crime.
Moreover, if you have been stopped more than once for DWI, the officer must have a strong reason for doing so. This probable cause must be supported by evidence. While breathalyzer tests have come under some criticism, they are widely regarded as accurate and appropriate to measure blood alcohol levels. Even if you have passed a breathalyzer test, this is not sufficient for probable cause in a DWI case.
A police officer can only hold someone for the time necessary to carry out their traffic stop. Without any other reasons, such as reasonable suspicion, the officer cannot continue the investigation. In addition, an officer cannot stop you based on the color of your car or race.
DWI Lawyer Can Your Contest DWI Charges
A DWI lawyer can help you contest your DWI charges if you have been pulled over for DWI. There are two main types of DWI charges: administrative and criminal. The former determines the punishments you could receive, while the latter determines whether or not you will lose your driving privileges.
The consequences of pleading guilty to DWI charges can be severe. In Texas, a DWI conviction will result in an ignition interlock device being installed in any car that you drive. While this punishment can be costly, it is possible to avoid it by fighting your case.
If you are arrested for DWI, the first thing you should do is call a DWI lawyer immediately. This way, your lawyer can be there when the police ask you questions related to the charge. During this stage, your lawyer can help you by guiding you through the process and advocating for your rights directly.