3 reasons the police may be wrong in a DWI case

3 reasons the police may be wrong in a DWI case

If the police have charged you with driving while intoxicated (DWI) it’s crucial you don’t just assume they are right.

A DWI conviction will have severe consequences for you, so it’s always worth considering what defense options are available. One option you might not have thought of is to challenge the police.

Here are three ways you could do that:

They were wrong to stop you in the first place

One moment you were happily driving along in your car, the next you saw the flashing blue lights as the officers told you to pull over. They can’t do that unless they have a valid reason. The law requires they must have reasonable suspicion that you were breaking the law.

They don’t need to believe you were drunk, although if they claim you were driving all over the place, that might be the reason they give. They could also justify the initial stop by saying you jumped a light, broke the speed limit or had an illegal fault on your car.

They did not have probable cause to arrest you

The police cannot just arrest you. That’s why they typically ask you to take a field sobriety test or blow into their breathalyzer. If you fail those tests, that gives them the probable cause to claim you broke the law and they must arrest you. Let’s say they say you failed the field sobriety test. If you believe you did it perfectly well, you could argue your arrest was not justified.

They had not calibrated their Breathalyzer

Police breath testing machines are pretty accurate, but only if they are calibrated when they should be. If the police cannot show records to prove that, you can argue the results are not reliable.

Getting legal help to examine all DWI defense options will be crucial to try and find one that works for you.

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