Life doesn’t come with a guarantee, but one can be reasonably sure that they won’t be able to beat a DWI charge without hiring a lawyer. Hiring an attorney who focuses on DWI Law in Twin Falls ID can considerably increase a client’s chances of beating the charges or having them reduced.
Possible DWI Defenses
A defense attorney can use various tactics to win a case or have charges reduced to something less severe. With a lawyer’s help, a client can avoid having this serious charge on his or her driving or criminal record. These defenses include:
* Challenges to field sobriety testing – Clients should know that they’re not obligated to participate in these tests. Many attorneys advise drivers to refuse these tests because of their unfairness; failure rates by sober drivers can be as high as 20% depending on the test.
* Challenges to breath and chemical tests – On some traffic stops, the officer will ask the driver to take a Breathalyzer test. Just as mentioned above, the driver can refuse to do so. However, if they’re taken to the police station, they must submit to chemical testing or face heavy fines and the suspension of their driving privileges.
* Rising BAC – This defense focuses on the fact that the test may have been given some time after the actual stop. Although the driver failed the test when it was given, they may have been within the legal limit at the time of the stop.
* Challenging the stop itself – One of the first things a lawyer will ask is why the stop occurred. Was there a DWI checkpoint? Was the driver stopped because an officer saw them leaving a bar? According to DWI Law in Twin Falls ID, an officer must have probable cause to stop someone. If probable cause didn’t exist, or if procedures weren’t followed, an attorney may get the stop ruled inadmissible in court.
Reducing the Charges to Wet Reckless
If a person is guilty, there’s still a chance that an attorney can have the charges reduced. In most areas, especially in cases where the driver’s BAC was just over the legal limit, prosecutors will allow the driver to enter a wet reckless plea instead of going to trial. However, even if the plea is accepted, the person can face severe charges if they’re arrested for a subsequent DWI. Visit Gariepy Law Office today or call to set up a consultation.
