Finding yourself under arrest for driving while intoxicated (DWI) is a surefire way to throw your focus off. Your ability to concentrate on upcoming exams, your family or things you need to do at work will almost certainly suffer as your thoughts turn to what the charge might mean for your future.
Focusing on your defense options, rather than all the bad things that could happen if you are convicted, is a better idea. Here are some of the key things to reflect on.
Why did the police stop your vehicle?
Let’s say you were stopped at a DWI checkpoint. Did you notice any patterns as you were standing there by the side of the road? Did the police appear to be stopping more Black drivers than white ones, for instance? Or stopping mainly young drivers, while letting the older drivers pass straight through? The police are not allowed to use profiling to pick who they stop.
Alternatively, you might have been pulled over away from any official checkpoint. Maybe the police said they pulled you over because you were going over the speed limit, but you definitely were not. Or maybe they said your taillight was out, but it was working fine.
If the police cannot legally justify why they stopped you, anything that happened after may be invalid. A similar thing could apply if they decided to arrest you without having sufficient grounds to believe that you were intoxicated.
Were the test results accurate?
Breath testing machines can sometimes be inaccurate. This can occur when the police force has not stayed up to date with the manufacturer’s recommended calibration schedule. Certain legal substances can also throw off breath test readings. For example, certain prescription medications or fumes from fresh paint can affect readings. Blood and urine tests are more reliable, but mistakes can still occur in their handling, such as two people’s samples becoming mixed up.
Having guidance from someone who knows what you should focus on can help you find the right defense strategy for your case.