Driving While Intoxicated (DWI)
Being arrested for a DWI can be disheartening, but it doesn’t have to define your future. Depending on the circumstances of your arrest, there may be several defense strategies we can use to reduce your charges and penalties.
For example, for a DWI charge to be valid, the officer must witness evidence of intoxication in order to pull you over for a DWI stop, and you must fail a field sobriety test (one-leg stand, horizontal gaze nystagmus, or walk-and-turn) or blood alcohol content (BAC) test. In order for the BAC test to be valid, it must be properly administered. In the case of a breathalyzer test, this means it must be calibrated before each use.
An officer cannot arrest you on the basis of probable cause that you are intoxicated. You must fail a field sobriety test or BAC test.
While you can refuse a field sobriety test, you will most likely then be asked to take a BAC test. You can also refuse the BAC test, but there are consequences to refusing, namely that your license will be suspended for 180 days. If, however, you request a hearing to challenge your license suspension within 15 days of the DWI, you may be able to have your license reinstated.
If you have been arrested for a DWI, contact us to talk about what steps you can take to get your charges reduced and your license reinstated. You don’t have to navigate the legal system alone. Our attorneys are committed to defending your record and protecting your future. You can rest assured that with our experience, legal knowledge, and persistence, your case is in good hands.
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