It's important for DWI defendants to do everything they can to have charges dropped because of the drastic consequences a DWI conviction can have on their futures. Fortunately, it's sometimes possible to have DWI charges dropped.
The following are four situations where DWI charges could potentially be dropped with the right legal counsel and defense:
1. There was no valid reason for the accused individual to be pulled over in the first place.
While police officers do exercise a lot of individual discretion these days regarding vehicle pullovers and DWI arrests, they still need to have a valid reason to pull a vehicle over before they can arrest a driver on suspicion of DWI.
If you can prove that the police officer unlawfully pulled you over before arresting you for DWI, your DWI charges will not stand up in court. The first thing you should be scrutinizing in your DWI defense is the reason the police officer pulled you over. If the police officer didn't have a valid reason, the charges should be dismissed.
2. Blood tests are not available that show a BAC over the legal limit.
Although police officers use field sobriety tests and breathalyzer results to detect and prove drunkenness, these tests are not regarded as highly accurate in the court of law.
The only test that is considered more or less irrefutable when it comes to DWI cases is the blood test. If there is no blood test proving what your BAC was at the time of the arrest, you may be able to have charges thrown out by challenging the accuracy of field sobriety and breathalyzer testing strategies.
3. The arrest and subsequent events involved police misconduct.
Police officers must adhere to standard arrest procedures at the time of your arrest in order to successfully charge you with a crime.
If you were not read your Miranda rights at the time of your arrest, the charges should be thrown out. Also, if you can prove that the police officer tampered with evidence or planted evidence, the charges should be thrown out.
4. There is a huge discrepancy regarding evidence.
Any apparent inaccuracies in the police officer's methods will compromise the police officer's case against you.
One common discrepancy that can lead to the dismissal of charges in a DWI case is blood or breathalyzer test results that don't seem to match up with the police report or other evidence.
If your blood test seems to indicate that you had an exceptionally high BAC, but body camera footage shows that you appeared sober, the reliability of the blood test results can be called into question. This can lead to a dismissal of all charges in some cases. For more information, contact your local DWI lawyer.
