3 tactics your DWI attorney may use to defend you

On Behalf of | Jan 19, 2021 | Criminal Defense |

Few things are more frightening than facing charges for driving while impaired. Still, in the U.S., you are innocent until prosecutors prove beyond a reasonable doubt that you committed a criminal offense. Having a knowledgeable defense attorney on your side may make a considerable difference.

Experienced defense attorneys use many strategies to secure positive outcomes on behalf of their clients. Among others, your attorney may employ the following three tactics.

1. Probable cause

To arrest you for a DWI offense, officers must have probable cause. While the U.S. Constitution does not define “probable cause,” most courts require officers to have a legitimate basis to support the arrest. Consequently, you should expect your defense attorney to investigate whether officers met this legal threshold when arresting you.

2. DWI breath test results

Officers often use DWI breath tests to establish probable cause. Therefore, before arresting you, an officer may have asked you to breathe into a testing device. Even if the device indicates your blood alcohol concentration is above the legal limit, you do not have to trust the results of the test.

Your diet, medical conditions, medications and personal hygiene products may interfere with the accuracy of a breath test. Accordingly, an experienced defense attorney may attack the reliability of the test’s results.

3. Your basic rights

When taking you into custody, officers must usually inform you of your basic rights. These include the right to remain silent and the right to have an attorney present for any interrogation. When preparing your defense, your attorney should research whether officers may have violated these rights.

Ultimately, even if these three tactics do not help you, you can trust a knowledgeable defense attorney to use all available legal and ethical tactics to defend you against DWI charges.