If you have been arrested on a DUI or DWI charge, you will naturally worry about what will happen to you. You might believe that it is impossible to fight the charges against you and that it is best to plead “no contest” or “guilty” to the charges and move on. However, it is possible to fight the charges through the help of Kansas City DWI lawyers. The following are some possible defense strategies.
Challenging The Legality Of A DUI Checkpoint Stop
Legally, a police officer cannot pull you over without a valid reason. In case the stop that resulted in your arrest on DUI charges was not legal, the evidence the police department might have collected during the course of the investigation is not admissible in court. In case all the evidence against you in the case is thrown out, the court will most likely dismiss all charges against you.
Disputing Suspicion You Were Under The Influence
While investigating a DUI, a police officer will be very conscious of the behavior and appearance of the person that has been pulled over. The officer might note the smell of alcohol or drugs, poor motor functioning, slurred speech, and bloodshot eyes. All these are attributes the officer will most likely note in a report of the arrest. However, these or other traits are not just symptoms of alcohol ingestion. Some medications and medical conditions can cause an individual to exhibit similar symptoms.
Questioning The Field Sobriety Tests
Police officers regularly administer field sobriety tests to identify the people that might be intoxicated. The problem however arises from the fact that these assessments have been proven to be poor indicators of intoxication. Many factors besides intoxication can lead to a person performing poorly on these field sobriety tests. Considering that these tests are so unreliable, it is possible to discredit evidence collected during administration. Even though this might not result in dismissal of your case, it does help to reduce the amount of evidence against you and weaken the prosecutionís case.
Challenging BAC Results From A Breathalyzer / Breath Test
Typically, officers will administer roadside breath tests to determine a personís Blood Alcohol Content (BAC) level. However, these tests are flawed just as the field sobriety tests. The reality is that these tests do not reflect the actual amounts of alcohol consumed. There are various reasons for the breathalyzer to give wrong readings including equipment malfunction, user error, improper maintenance, use of over-the-counter products, and health conditions.
Challenging The Results Of Blood Tests
Blood tests to determine the Blood Alcohol Content are conducted after the individual is arrested on suspicion of driving under the influence. They are considered the most reliable form of Blood Alcohol Content testing available to law enforcement. Even though they are the most scientific methods, it is possible for errors to generate false positives. Challenging blood test evidence successfully can be critical for your DUI case considering that it is usually the strongest evidence the prosecution usually has against you.
In conclusion, this article has look at some possible defense strategies that Kansas City DWI lawyers can use to get you out of a DWI charge. If you are facing DWI charges, please consider fighting them through a qualified lawyer.