3 common defenses to a DWI charge

September 23, 2020
3 common defenses to a DWI charge

If you drink and drive, you could face charges for DWI. The Governors Highway Safety Association states that in Missouri and all other states except Utah, driving with a blood alcohol content level at or above 0.08% is illegal. 

If the court convicts you of drinking and driving, you could face severe penalties, like jail time, the requirement to pay a fine and loss of your driving privileges. But you may be able to reduce these penalties using some of the common defenses to a DWI charge. 

1. The accuracy of the field sobriety test

The court may decide that the field sobriety test was done improperly or that it produced inaccurate results. In many cases, drivers specifically challenge the horizontal gaze nystagmus text. This test detects certain eye movements that can indicate a level of intoxication. 

2. The officer made an improper stop

One of the most common defenses to a DWI charge you can use is that the law enforcement official stopped you unfairly. You may be able to claim that the official did not have probable cause to halt your travel for DWI. 

3. The accuracy of the breath test

You can challenge the way the law enforcement official conducted the breath test at the scene of the arrest. Depending on your case, you could state that other factors, like indigestion or vomiting, altered the results of your test. You could also claim that the device used to conduct the breath test was not properly maintained or calibrated. 


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