4 Sample Ways To Defend DWI Charges

When we think of a "criminal," most of us have a very specific image that comes to mind. While these images may sometimes be accurate, it is important to recognize that they may also be false. It is not uncommon for the individuals facing criminal charges to be everyday, ordinary people.


Who Gets In Trouble For Drunk Driving?

The people who get arrested for drunk driving may not be the ones who fit the common mental image of "hardened criminal." They can be people who enjoyed a casual evening out with their friends or coworkers, and made poor decision regarding their transportation home. 

No matter how innocent their intentions are, driving under the influence of alcohol is a serious criminal offense. Depending on the severity of the damages caused and whether it was the driver's first offense, an individual charged with drunk driving can face serious consequences for his indiscretion.

Combating DWI Charges

Fortunately there are a number of different strategies that can be used to lessen the charges - or, in some cases, potentially have the charges dropped altogether. Below are a few examples of the types of strategies our Lake of the Ozarks DWI defense attorneys may be able to use to help your case.

1. Challenging The Evidence
Once your case is at trial, the prosecution will present evidence against you. This evidence will likely be the information the officer obtained at the scene of the crime, such as observations of your driving behavior or results from your breathalyzer test. If you can present information or another credible witness that may contradict this evidence, we may be able to poke a hole in the prosecution's defense.

2. Offering Alternative Explanations
If an officer believes that you may be driving under the influence, he will likely ask you to submit to the standard field sobriety tests. If you do not pass, you could be arrested for drunk driving. However, there are other reasons that a person may not perform well on these sobriety tests, such as physical impairment or poor instructions. Similarly, your bloodshot eyes may have actually been the result of allergies, insufficient sleep, or extended use of contacts. By presenting alternative explanations, you may be able to contradict the evidence against you.

3. No Probable Cause
In order to be arrested for drunk driving, there must first be probable cause for the initial stop. Probable cause may include driving erratically, swerving in and out of lanes, stopping/starting abruptly, etc. If you believe the arresting officer pulled you over without probable cause, we may be able to prevent some of the evidence from being admitted at trial.

4. No Miranda Warnings
During an officer's detention or interrogation, he should recite the Miranda Warning to the suspect being taken into custody. This warning informs the suspect of his right to remain silent and to speak to an attorney before making any statements. If the officer fails to give this warning at the proper time, statements you made may be considered evidence that is inadmissible at trial.

Contact Phillps McElyea For DWI Defense

If you find yourself facing DWI charges, it is crucial that you secure quality representation as soon as possible. Even if it is your first offense, you may face serious penalties and potentially lifelong consequences. Our Lake of the Ozarks criminal defense attorneys will be here to defend your position and ensure that your rights stay protected at all times. For more information about our DWI defense at the Lake of the Ozarks, visit our website or call us at 573-346-7231.


Law Offices of Phillips, McElyea, Carpenter, & Welch, P.C.
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