When you're arrested for DWI, you're not guilty until the prosecutor proves the case against you beyond a reasonable doubt. There are several things that they have to prove, and beating one of these things could beat your charge.
That You Were Driving
The fact that you were driving is part of a DWI charge. Being a passenger in a car or near a car isn't DWI. In a case that started with a traffic stop, this is going to be pretty easy for the prosecutor. The police officer will testify that you were behind the wheel when they pulled you over.
If your DWI was from an accident, the fact that you were driving becomes harder to prove. The police officer likely wasn't there to witness that you were driving. The other driver or other witnesses may not have actually seen you behind the wheel or may not be available to testify. If you didn't admit to driving, you may be able to defend your case on this ground.
That They Had Probable Cause
The police can't just pull people over and test them for DWI. They have to have probable cause to make a traffic stop. This might be not staying in your lane, speeding, running a stop sign, or some other traffic violation.
Next, the police must have probable cause to make you take the DWI test. This could be seeing an open container, smelling alcohol, or observing that you had slurred speech.
If the police didn't have probable cause, they can't continue. So if they stopped you without probable cause, they weren't allowed to test you for DWI. Any evidence they got illegally can't be used, so your case could get thrown out.
That You Were Over the Legal Limit
The police also have to prove that you were over the legal limit. This is usually with a breath or blood test. They may also do additional field sobriety tests. Just the fact that you were drinking isn't enough because you may have been under the legal limit.
These tests often give you a chance to win on the facts or a legal technicality. If they aren't done properly, the tests may be inadmissible in court because they wouldn't be reliable enough to prove the case against you beyond a reasonable doubt.
To learn more about how to beat your DWI charge, contact a local DWI defense lawyer today.
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