Getting charged with DUI or OWI can turn your life upside down. It’s a serious offense that can lead to fines, license suspension, and even jail time. But just because you’ve been charged doesn’t mean you’re automatically guilty. Like any criminal case, you have the right to defend yourself.
In fact, many DUI and OWI cases are successfully challenged in court. The outcome often depends on the details of the arrest and the strength of your defense. That’s why it’s so important to work with experienced attorneys for DUI and OWI cases. They can look at the facts, spot weaknesses in the case, and help protect your rights.
Let’s take a closer look at some of the most common defenses used in DUI and OWI cases.
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No Probable Cause for the Stop
Police officers must have a valid reason to pull you over. This is called “probable cause.” It could be something like swerving, speeding, or running a red light. If the officer had no legal reason to stop you, then everything that happened after that stop—including a breath test—might be thrown out.
A skilled defense lawyer will look closely at the traffic stop to see if your rights were violated.
Faulty Field Sobriety Tests
Field sobriety tests are the physical tests officers ask you to perform on the side of the road. They might ask you to walk in a straight line, stand on one leg, or follow a moving object with your eyes.
But these tests aren’t always accurate. Poor lighting, uneven ground, or even nervousness can affect how well someone performs. Medical conditions or age can also play a role. A good defense will question whether the test results truly proved you were impaired.
Breath Test Errors
Breathalyzers are often used to measure blood alcohol concentration (BAC). But these machines aren’t perfect. They need regular maintenance and calibration to give accurate results.
If a machine wasn’t working properly or the officer didn’t follow the correct steps, the results could be flawed. In some cases, your lawyer can challenge the breath test and have it ruled as unreliable.
Rising Blood Alcohol Level
Alcohol doesn’t affect your system right away. It takes time to absorb into your blood. That means your BAC could be under the legal limit when you were driving but over the limit by the time the test was taken.
This is known as the “rising BAC” defense. It argues that you weren’t legally drunk while you were behind the wheel, even if your test showed a higher level later on.
Medical Conditions or Other Factors
Certain medical issues can affect breath test results. For example, acid reflux, diabetes, or a special diet might lead to a false reading. Mouthwash or breath sprays that contain alcohol can also throw off the test.
A defense lawyer may bring in medical experts to explain how your health condition could have played a role in the results.
Improper Police Conduct
Sometimes, the way an officer handles a DUI arrest isn’t by the book. Maybe you weren’t read your rights. Maybe the officer didn’t follow the correct testing procedures. Any mistake can be used to challenge the charges.
Good defense attorneys know how to spot these mistakes and use them to your advantage.
Final Thoughts
Facing a DUI or OWI charge can be scary, but remember—being charged is not the same as being guilty. There are many defenses that can be used to fight the charges, especially if you have the right legal team by your side.
An experienced lawyer will go through every detail of your case and build the strongest defense possible. With the right support, you can protect your rights, your future, and your freedom.
