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Defenses against DWI Charges

On Behalf of

Law Offices of Melissa Rosenblum, LLC |

February 19, 2021

| DUI/DWI

Too many people make the mistake of assuming there is no defense against charges for driving while intoxicated (DWI). A DWI’s consequences can affect you for years or longer, which makes giving up one of the worst things you can do for your future.

The consequences for even a first conviction can result in hundreds of dollars in fines and months of a license suspension. Thankfully, it is possible to defend against these charges if you experienced any of these circumstances:

Duress

If someone threatened you with physical harm or other negative consequences in order to get you to drive while intoxicated, you might be able to avoid a DWI conviction. You will still need to prove that the duress took place, however.

Mistaken intoxication

Sometimes, a driver may not realize that they are intoxicated. A common example of this is when a driver has a new medication, and it reacts in a way they did not expect. Some combinations of medicines with food or beverages can have a major reaction in a driver.

Involuntary intoxication

It is possible to get intoxicated without knowing it. If someone spiked your beverage with alcohol or drugs, you might not realize it until you are already behind the wheel. By that time, it may be too late to change anything.

Police error

If the police make a mistake when handling your case, there may be grounds for dismissal. Whether they made a mistake during the arrest, mishandled or damaged evidence, or made another form of error, it may be enough to keep a DWI conviction off your record.

Necessity

Emergencies can arise at any time, even when you are intoxicated. If an emergency happens and driving while intoxicated meant the difference between life and death, then you may have enough of a defense to keep your record clean.

Do not assume the worst

If you are facing DWI charges, consult with an experienced criminal defense attorney immediately. A good attorney will know how to look at all angles of your unique situation to find any grounds that may help in defending against your DWU charges.