If someone has been charged with a DUI or DWI, a variety of arguments can be used in an effort to have the charges against them dismissed or to lead to them being found not guilty. Some of the most common are based on the accuracy of tests, the circumstances surrounding an arrest and whether or not someone was driving.
All 50 states have laws that state anyone who is driving with a blood alcohol concentration of .08 percent or higher is considered to be under the influence, and cases tend to rely heavily on tests that indicate a person’s BAC. These tests may be invalidated or considered inadmissible in a variety of ways, including if it can be proven they were not carried out correctly or that people were not given appropriate information or options regarding the tests.
Another argument that may be used when fighting a DUI is that the arresting officer had no probable cause to detain the individual who was charged. Many states require that law enforcement observe certain behaviors, such as weaving in and out of lanes or erratic driving, before they can pull someone over. If witnesses or other evidence can be brought that proves an officer did not have cause, it may result in the case being dismissed. Additionally, if doubt exists as to whether the charged person was actually driving, they may be able to fight their charges. For example, if two people were found near a car but not in it after an accident, it may not be possible to determine which of them was actually driving.
If someone is facing DWI or DUI charges and intends to fight them, having a lawyer with experience in these matters could be helpful. A lawyer may be able to argue against the accuracy of certain tests or present information that may keep evidence from being admitted and used against the accused.