The answer is yes that it is possible for an accused driver to defend themselves against DWI charges. There are different criminal defense options available to accused drivers that they should be familiar with if they have been threatened with the potential penalties, and administrative and personal consequences, associated with DWI charges.
One way of defending against DWI charges is to challenge the reliability and accuracy of either a breathalyzer test or a field sobriety test that was conducted. Field sobriety tests must be conducted by a police officer trained to do so and must be conducted in accordance with that training. Likewise, breathalyzer tests must also be administered by a police officer trained to do so and in accordance with the training they have received.
There are other requirements associated with breathalyzer tests for them to be considered reliable which include that they are routinely calibrated and maintained and that the arresting officer administering the breathalyzer test does not allow the accused driver’s bodily functions to interfere with the test results. It is also important to take a look at the legality of the initial traffic stop that lead to DWI charges to see if it was a legal stop. Statements of witnesses, and even the arresting officer, may also be challenged.
Another category of defenses, referred to as affirmative defenses, may also be appropriate in certain circumstances and include necessity, duress, mistake of fact, involuntary intoxication and entrapment. What is most important for accused drivers to understand is that a criminal defense strategy is vital and that their criminal defense rights kick in right away. DWI charges are serious charges and anyone facing them should know how to defend themselves against them.