DWI cases are complex, and as a result the facts and circumstances regarding each DWI arrest are different. Most DWI defenses fall into one of the categories below:
- Driving: The prosecution must not only prove that the defendant was intoxicated, but also that the person was operating the motor vehicle at the time.
- Probable Cause: If the officer did not have legal cause to stop, detain or arrest the subject evidence in the case will be suppressed. Sobriety checkpoints present some complex issues related to probable cause that should be discussed with your attorney.
- Miranda Rights: Incriminating statements may be suppressed if the officer failed to give you your Miranda Rights required by the U.S. Supreme Court.
- Implied Consent Warnings: If you were not advised of the consequences of refusing to take a chemical test, or if the officer gave you confusing or incorrect information, admissibility of the refusal as well as license suspension may not be allowed.
- Under the Influence: An officer’s observations and opinions as to whether or not your were intoxicated can come into question.
- Errors in Testing Methods: Blood, breath or urine tests will be unreliable if preformed while you are still actively absorbing alcohol, which can be anywhere from 30 minutes to three hours. Breath machines assume 2100-to-1 ratio for converting alcohol in the breath into alcohol in the blood which isn’t accurate for all people.
- Retrograde extrapolation: This refers to the blood alcohol content (BAC) being related back in time from the time of the test to the time of driving. This presents a number of complex problems involved in accurately proving BAC at the time of the traffic stop.
- Blood-Alcohol testing regulations: The prosecution is required to prove that the blood, breath or urine test complied with state requirements.