Defenses to a DWI
There are many defenses we utilize in DWI and DUI cases. If you have been charged with drunk driving in Minnesota it is important you speak with an attorney immediately to prepare your defenses. We attack the arresting officer’s statements and actions during and after the arrest. We call into question credibility of the state’s witnesses, field sobriety tests, blood and alcohol tests, and more.
There are many ways to successfully defend a DWI charge in Minnesota. A Minnesota DWI lawyer can help you. Common examples of possible defenses to a DWI charge may include:
Did the officer have reasonable articulable suspicion to stop your vehicle?
An important defense to a DWI charge analyzes whether the police officer made an illegal stop of your vehicle. The officer must have a reasonable suspicion that a crime is being committed before they can conduct a valid stop. An example of an illegal stop would be an officer randomly pulling over vehicles leaving a bar or nightclub without impaired driving of the operator.
Did the officer have probable cause to arrest for DWI?
Arresting officer’s job is to gather as much evidence against you to have probable cause to make an arrest. In finding probable cause, an officer may conduct Field Sobriety Tests. A Minnesota DWI Attorney may examine whether the officer failed to properly instruct you on the tests. Other factors may also come into question. Was the test conducted on an un-level surface, do you have history of arthritis, did you refuse to carry out the tests for a medical reason but were required to take the tests regardless. Plus, the field sobriety tests themselves are only 60-70% accurate for determining intoxication.
Was the officer trained to properly administer a blood alcohol test device?
Police officers must be well trained to perform blood alcohol tests on drivers accused of drunk driving.
Was the source code of the Intoxilyzer 5000 device analyzed?
In May 2009, the State of Minnesota now allows attorneys to cross-examine the validity of the source code of a breathalyzer.
Did the officer fail to conduct procedurals?
Were you read your Miranda rights/ Did the officer fail to do something they were required to perform? Did the officer explain the Breathalyzer test or field sobriety test properly before administering it? Are you being given a speedy trial? Did the State provide complete discovery in a timely manner?
Did The Officer Have Just Cause To Pull Me Over?
The State prosecutor will always rely on the arresting officer’s testimony about how the DWI suspect was driving. A good defense lawyer knows that there are countless explanations for certain driving behaviors that have nothing to do with drunk driving.
Common reasons for police officers to pull someone over may include:
- Running a red light
- Hesitation in going through a green light
- Weaving from one side to another
- Crossing the center media
- Uneven speeds
- Very slow speeds
Defenses to behavioral actions of the DWI suspect after being pulled over showing signs of probable cause for arrest can include:
- Lack of sleep
- Contact lenses / glasses
- Personal stress
- Anxiety and fear issues
- Foods recently ingested
- Physical disabilities
Contact Us Today For A Free Consultation
Kevin DeVore aggressively fights drunk-driving charges with a strong and effective defense designed for the best possible outcome for you.
If you have been stopped by the police and ordered to perform field sobriety tests, you may have been wrongly charged with a DWI or DUI. Give us a call. We can provide you the answers to the questions you have while providing the representation you need to defend your case. Contact our Minnesota DWI law firm today at (612) 836-9501 for a free case consultation.