Possible DWI defense strategies

August 4, 2022
Possible DWI defense strategies

Driving while under the influence of alcohol has the potential to affect your life in many ways. Not only can it result in an accident that causes serious injury to you and/or others, it can lead to an arrest and a variety of consequences.

A thorough understanding of possible DWI defense strategies will help you protect your legal rights, all with the hope of avoiding punishment.

Here are four of the most common DWI defense strategies:

  • Rising blood alcohol concentration: With this defense, you claim that your blood alcohol concentration level was less than the legal limit while driving, but increased by the time the officer finally checked it.
  • Improper stop: Police officers are not permitted to stop drivers for no reason. So, you may argue that they lacked probable cause to stop your vehicle, which can result in your case being thrown out.
  • Inaccurate administration of field sobriety test: The arresting officer is likely to use one or more field sobriety test to determine if you’re under the influence. However, if they make an error while administering the test, such as failing to explain what they want you to do, it can work in your favor while defending yourself in court.
  • Inaccurate Breathalyzer test results: In addition to field sobriety tests, the officer may use a Breathalyzer device to determine your blood alcohol concentration. However, these devices are not always accurate. The officer could make a mistake administering the test. Also, if the device is not properly maintained and calibrated, the results may be inaccurate.

If you’re pulled over and arrested for driving while under the influence of alcohol, it’s easy to believe you were caught red-handed and there’s nothing you can do about it. But if you take this approach, you’re not doing your part in fighting the charges and hopefully lessening the impact on your life.

All of the DWI defense strategies detailed above, among others, are well worth your consideration. You’re likely to find one or more that you can use to fight the charges and hopefully avoid a conviction altogether. If you’re successful in doing so, you can then put this bad chapter of your life in the past.


For personalized legal guidance, call our office at 417-882-9300 or submit this form to schedule a meeting with an attorney.

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