Recommended DWI Defense Strategies by Lawyers

Being accused of a DUI or DWI doesn’t necessarily entail harsh punitive actions. Serious consequences, such as fines and imprisonment, could potentially be mitigated. Lawyers with relevant experience can explore a variety of strategies to negotiate decreased or even dismissed charges. The specific defense maneuvers your selected DWI attorney might propose are as follows:

Signs of Intoxication
Should you strongly insist that you were not under the influence while you were driving, your attorney may build a defense around the indications of intoxication the officer noted while they pulled you over. This could include bloodshot eyes or slurred speech, a poor performance on a field sobriety test, strange behavior or poor driving. These could indicate intoxication, but could also be associated with exhaustion, physical disabilities, among other things. Collectively with your attorney, you may be able to prove that these alleged signs of intoxication were unrelated to substance use.

Illegal Traffic Stop
Police can legally stop you at a DUI checkpoint or for a traffic violation. However, if you were stopped without just cause, this could be used as a defense for a DUI charge. If you were randomly stopped and thereafter found to be under the influence, the evidence obtained could be considered inadmissible in court. Consequently, the court may lack sufficient proof to issue a DUI charge.

You Weren’t Even Driving
Being accused of DUI when not operating a vehicle can create a multiple legal issues. In certain states, if you were seated in the driver’s seat even without driving, you could still face a DUI charge. The prosecuting attorney only needs to demonstrate that while intoxicated, you were exercising physical control over a vehicle. However, your attorney could challenge these charges if you were seated but didn’t possess the keys. It could be hard to prove that you had control over the vehicle without the keys to operate it.

There are instances where individuals drive under the influence not out of will, but due to external fear or threat. It could be an imminent danger, or a need to flee a threat, or due to another person’s actions or words, or a circumstance beyond their control. Making a case for duress can be challenging, but with substantial evidence, the defense could lead to reduced charges or even acquittal.

Miranda Rights Violation
Before a custodial interrogation relating to your DUI, you must be informed of your Miranda Rights, which include your right to remain silent and to seek legal counsel. If these rights weren’t communicated to you, any statements made before might not be admissible in court. Therefore, if you confessed to driving under the influence before being read your rights, that statement may not be included as part of the prosecution’s evidence.

In conclusion, a DUI charge does not automatically mean you will experience severe consequences. Your selected DWI attorney might employ one or more of the above defense strategies to potentially negotiate a more favorable legal outcome.

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