The Best DWI Defense Strategies

Getting arrested for driving while intoxicated (DWI) can be a scary and overwhelming experience. The penalties are severe, and a conviction can negatively impact your life for years to come. However, with the right defense strategy, you may be able to get the charges against you reduced or even dismissed. In this article, we’ll explore some of the most effective ways to fight DWI charges and beat the case against you.

Argue Your Behavior Wasn’t Consistent with Impairment

Even if some evidence suggests you were over the legal BAC limit, your attorney can argue you weren’t actually impaired. For example, if you were able to carry on coherent conversations, walk steadily, or perform complicated tasks, it shows your physical and mental abilities were minimally impacted.

Dashcam footage often supports that despite some signs of intoxication, your overall behavior and control weren’t significantly diminished. Your lawyer can use a lack of severely impaired faculties to fight the DWI charges.

Claim a Rising Blood Alcohol Defense

Your BAC continues to rise for 30-90 minutes after your last drink. So it’s possible your breath or blood test results were higher than your actual BAC while driving.

A skilled DWI defense attorney can use a rising BAC defense to argue that even though you were over the limit at testing, you may have been below when operating the vehicle. This is especially effective in cases where testing was conducted shortly after driving.

Assert There Was No Actual Physical Control

Most states require the prosecution to prove you were in “actual physical control” of the vehicle while intoxicated. There are scenarios where you can argue you weren’t actually controlling the vehicle:

• You were sleeping in a parked car
• You were sitting in the passenger seat
• You were outside the car but had possession of the keys

By contesting actual physical control, your attorney may be able to beat the DWI charges entirely.

Allege a Medical Condition or Medication Impacted Test Results

Certain medical conditions like diabetes and heartburn can mimic signs of intoxication during police testing. Some prescription and over-the-counter medications can also lead to inaccurate breathalyzer readings.

If you have a condition or were taking a medication that may have affected the evidence, your lawyer can argue your test results don’t accurately represent intoxication. They may be able to get the charges against you reduced or dismissed.

Cast Doubt on the Chain of Custody

Any time blood or urine samples change hands, there’s potential for tampering, errors, or mix-ups. Your lawyer will thoroughly investigate who handled your sample and whether proper protocols were followed. Any gaps in the chain of custody can make the sample results questionable.

Challenging the chain of custody creates reasonable doubt about the accuracy and integrity of the DWI testing. It also forces the prosecution to prove the sample wasn’t compromised.

Present Witnesses to Testify on Your Behalf

Having independent third-party witnesses testify they didn’t observe signs of impairment can create reasonable doubt about the prosecution’s allegations. For example, if your passenger says you were driving normally and didn’t appear drunk, it undermines the officer’s claims.

Your attorney may also call expert witnesses to rebut the prosecution’s arguments, like toxicologists who can discredit the state’s testing procedures and results. Credible witness testimony on your behalf can sway the judge or jury in your favor.