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3 possible defenses against DWI charges

On Behalf of | Dec 3, 2023 | Criminal Defense

A DWI charge can negatively affect your life, even if it’s your first offense. You could face fines, probation and jail terms. You could even have your driving license revoked or suspended.

Because drunk driving is a serious offense, it’s imperative that you explore your defense options if you find yourself on the wrong side of the law. Subject to the circumstances of your case, here are some of the defense options you might consider with the assistance of a skilled attorney.

Lack of reasonable suspicion

An officer cannot just pull you over and charge you with a DWI offense. Their suspicion that you committed or could potentially have committed a crime should be reasonable and articulable ft. Otherwise, you could have a strong defense challenging your arrest. In this case, the arresting officer cannot simply rely on their gut feeling. They must have a strong belief based on facts that you were on the verge of committing or had already committed an offense at the time of your arrest.

Invalid sobriety tests

Breathalyzer equipment can be affected by a variety of problems. The equipment might be poorly calibrated and, thus, ineffective. Or, the administering officer might make mistakes while administering the test. These challenges can result in a false-positive. If you have evidence that there were problems with the breathalyzer test, then you might raise this during your trial.

Medical conditions

Certain health problems can cause a false-positive on a breathalyzer test. An example of this is the gastroesophageal reflux disease (GERD). Generally, patients with this condition experience acid build up in the gut. If you are suffering from this condition or are taking medications that might introduce mouth alcohol into the breathalyzer device, that may affect the accuracy of any breath test you take.

Driving while intoxicated, whether from a legal or controlled substance, is a serious crime in North Carolina. If you are indicted and charged with drunk driving, you need to aggressively explore your defense options in order to benefit from the greatest possible chance at securing a favorable outcome.