DWI/DUI Practice Center

Fighting a DUI Charge

The DWI prosecutor will point to several factors as evidence that you were drunk driving. These factors may be:

  • Poor navigation of your vehicle
  • An odor of alcohol flowing from the breath
  • The appearance of being intoxicated
  • Poor performance on the field sobriety test and
  • The results of the blood or breath alcohol test

However, you can argue against the evidence presented by the prosecution based on a number of defenses. These defenses may include:

Lack of Probable Cause for the Initial Stop:
If the arresting officer did not have a probable cause to stop your vehicle or did not have grounds to believe a crime was occurring or had occurred, then your DWI attorney may be able to effectively petition for suppression of any evidence the police agency acquired. However, the probable cause requirement for a stop is not relevant in DUI checkpoint / roadblock situations.

The Alleged Signs of DWI Are Actually Signs Of Fatigue:
Many of the "typical" symptoms associated with DWI can just as easily be explained by fatigue. Sheer exhaustion often causes one to drive his/her vehicle poorly, to have bloodshot and watery eyes, to respond slowly to some of the DWI officer's questions, and to struggle with the field sobriety tests that require vigilance and good coordination.

The DUI Police Officer Failed To Read You Your Miranda Rights:
Police must advise you of your Miranda Rights in a DWI case if (1) you are in custody and (2) they question you seeking to illicit an incriminating response. If the officers continued to interrogate you after placing you in custody for DWI, and did not first read you your Miranda rights and obtain a valid waiver, then your post-custodial statements will likely be excluded from evidence.

To be sure, driving while exhausted or drowsy driving is dangerous in its own right, and should be avoided. But the symptoms of driving while exhausted can easily be confused with the symptoms of driving while intoxicated.

Depending upon your charges and your particular situation, a DWI lawyer can also assist you by negotiating a favorable plea agreement. If there are weaknesses in your case, even if they're not significant enough to make a win at trial likely, your DWI attorney can use those weaknesses to argue for reduced charges or sentencing concessions when negotiating with the prosecuting attorney.