DWI Defense Strategies
So the unexpected has happened and you have found yourself being arrested for a DWI offense in Missouri. It is only normal that you are scared and concerned about what lies ahead. DWI/DUI is a very serious charge in Missouri and there are a lot of different outcomes that can happen to you if you are found guilty, the worst of which could include jail time. All hope is not lost though; if you retain the services of a quality DWI attorney, they often times can lessen the damage against you if you are found guilty or get the charges reduced or dropped altogether.
Here is a list of Possible Defense Strategies your Attorney May Choose to Pursue
1. You were not actually impaired at the time of arrest
When a police officer pulls you over for suspicion of driving under the influence, they will immediately start looking for clues that confirm their suspicions. They are trained to spot and report such things as bloodshot eyes or a flushed red faces; it is true these things are signs of excess drinking but an experienced lawyer will also counter that they can be very common signs of such things as seasonal allergies or illness too. If you were given a field sobriety test based on such things, there is a chance it will then not be admissible as evidence in court.
2. Your lawyer suggests the traffic stop was done with no legal basis
Under the Constitution of the United States and Missouri State law you have certain rights and protections as a citizen. As such, one of things you are protected from is illegal search and seizure. The police can have contact with you under the law in one of three different ways; it can be a consensual encounter, an investigative procedure or when making an arrest. If your lawyer can prove the traffic stop that led to your DWI did not meet the ‘reasonable suspicion requirement’ for an investigative procedure to take place, then anything that happened during that traffic stop is then inadmissible in court.
3. A DWI checkpoint did not conform to the proper standards
Believe it or not there are some pretty strict guidelines that any DWI checkpoint must operate under and a skilled DWI lawyer will be familiar with what these are. For example, the checkpoint must be in an area that has been known to have a high concentration of intoxicated drivers and this location has to be predetermined by the supervising officials involved; if the checkpoint was moved from the agreed location, than any charges that arose from this DWI checkpoint no longer have any legal basis.
4. A test used as evidence was administered incorrectly
Tests to determine that you were driving while intoxicated; such as blood, breath and urine tests, must be done so they conform to certain testing standards and be done with equipment that is working and calibrated properly. Your attorney will know how to make sure this is the case and have the results dismissed if this is found not to be true.
These are just a few reasons why it is highly recommended to at least seek a consultation from a skilled DWI attorney and see how they can help you with your DWI case.