Possible defenses against OWI charges

by | Apr 22, 2021 | Drunk Driving

Driving while under the influence of drugs or alcohol jeopardizes yourself and those around you, which is why it can feel like there is no defense against possible OWI charges. When an OWI conviction can cause you to pay considerable fines and even risk losing your license, it is worth exploring every possible avenue to defend yourself. Here are three possible methods that may allow you to defend yourself against OWI charges:

Field sobriety test errors

The field sobriety tests that police conduct at a traffic stop have a lot of room for error. The age, weight, and medical condition of the person taking the test can all impact the test results. If you already had difficulties balancing, you may find the heel-to-toe test impossible, even while sober.

Breathalyzer test errors

Like the field sobriety tests, a breathalyzer test is not 100% accurate. Any number of issues may cause the device to misread your breath and incorrectly declare you as driving under the influence. Your attorney can help you by reviewing the information present in your case and looking for possible grounds to fight the results of this test.

Mistaken OWI

Sometimes, a driver may be on a new medication, and they are not familiar with the medication’s side effects or how it may interact with other substances. A new anxiety medication may cause the person using them to become drunk after a single beverage that generally would not impair their driving at all.

Lack of probable cause

In order for a police officer to conduct a traffic stop in the first place, they need to have sufficient reason to pull you over, known as probable cause. Without probable cause like erratic driving, a broken taillight, flat tire, or suspicion of you conducting a crime, any subsequent evidence that they find may not be admissible in court.

Talk to an attorney for the help you need

Just because you are facing OWI charges does not mean that you cannot beat them. Consult with an experienced criminal defense attorney for the guidance you need in exploring options to defend yourself, your rights, and your freedoms against these charges.

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