You might feel nervous about talking to the prosecutor if you’re facing a DWI (driving while intoxicated) charge. But remember, a DWI is a legal charge and you still have rights. A skilled attorney can help you navigate the legal process and work towards a positive outcome.A DWI defense attorney will know what evidence you can use to your advantage in court. However, there are also some common defenses that can be used to fight these charges. Anything can be your defense if you use it correctly. The best way to know how to defend against a DWI is to understand what might get you convicted. The following outlines some common defenses that might work in your situation.
Show you weren’t intoxicated at the time of the incident
This may seem like the easiest way to defend yourself, but it can be one of the hardest to prove. You can’t really know what someone else was doing while driving, so proving you weren’t intoxicated while behind the wheel is tough. However, there are ways to minimize your culpability.One way to do this is to have your blood alcohol content (BAC) tested at the time of the incident. If it’s 0.08 or below, your case is strengthened. In some states, a 0.05 BAC can be used as proof you weren’t intoxicated. Additionally, you can also show your lack of impairment by taking a driving test. Even if your BAC is above 0.08, you can still show you weren’t impaired if you can pass the test.
You weren’t at fault
You can’t really defend against a DWI if you’re at fault. But what about if you weren’t?If you were a passenger in a car that was driving while impaired, you can defend against a DWI charge. Your intoxication would have no bearing if you weren’t driving. Another way to defend against a DWI is if you were under the influence at the time of the incident but weren’t intoxicated enough to be impaired.This can be a tough one to prove, but if you can show that you weren’t intoxicated the night in question, you can use that to your advantage. You can also show that the officers who made the arrest were negligent and didn’t follow proper procedures.
There were extenuating circumstances
We all make mistakes. Everyone has black marks on their record. If you have a DWI on your record, it could make it harder to get a job, rent an apartment, or even get a loan.However, it’s important not to dwell on your mistake. Instead, try to use it as a lesson learned and move on. If there are extenuating circumstances surrounding your DWI, you can use them as a defense. For example, if a friend who was driving got into a car accident and you were driving their car, the circumstances are extenuating.If you have a child in the car, that could be another extenuating circumstance. A parent who gets behind the wheel after drinking may seem intoxicated, but may have just been distracted. Additionally, parents with children in the car may have a lower tolerance, because they have to keep an eye on their kids.
Conclusion
A DWI can leave you with hefty fines, a criminal record, and a lifetime of consequences. It’s important to have a defense at your disposal.While each case is unique, there are some common defenses that can be used. If you were intoxicated but weren’t impaired, if you weren’t at fault, or if there were extenuating circumstances, you can fight these charges.It’s important to remember, though, that this is not the end of the world. You can get through this, just like you can get through any other situation. It’s important to stay positive and remember that people make mistakes. You can bounce back from this and move on with your life.