Can A DWI Be Dismissed?
Are you wondering – can a DWI be dismissed? Read on to learn the answer to all of your DWI / DUI questions! You can also read our other recent blog post: DWI or DUI – which is worse to begin gathering information on your charges and how to best be prepared.
So – You’ve Been Charged With DWI
You’ve been charged with a DWI, a “driving while intoxicated” designation, after a night out drinking. You thought you were sober enough to drive. Now, even though being placed in handcuffs, booked, and stripped of all your possessions was traumatic, going to court to face the charges against you may be worse.
Knowing that a DWI can ruin your life, you search for how to get it dismissed. You find out that if you can prove you were sober enough to drive, or you can show the officer made a mistake, or the Breathalyzer machine was inaccurate, it is possible to have the charges thrown out.
The best thing to do is hire an attorney experienced with DWI since the law is ever-changing and complicated to protect you and help you have the best outcome.
Your attorney will ask and investigate the following questions to see if a dismissal is possible.
Determining Whether Or Not A DWI Can Be Dismissed
Was the police’s actions to pull you over valid?
The officer must have had a suspicion of a crime that was reasonable to stop you. This means you were weaving, speeding, driving erratically, or something was wrong with your car such as a broken taillight or missing license plate. If you can show the cop did not have a reasonable basis for pulling you over, whatever happens after can be suppressed by the Fourth Amendment, even results from your sobriety tests and what you may have said to the officer. Under this “exclusionary rule”, an experienced lawyer will be able to challenge your case in a pretrial motion to kick out the evidence gathered illegally.
Can the results of the sobriety tests be argued?
There are three tests that officers will use if a driver seems too impaired to drive: a walk-and-turn test, a horizontal gaze nystagmus, and a one-leg stand. Although they are considered accurate by experts at detecting if someone is driving under the influence, they are not perfect and human error could be a factor. Your lawyer could investigate if the test was conducted on an uneven sidewalk where balance was difficult or in a poorly lit area where one could not see well to balance. They could also show the driver who failed a test was wearing improper footwear that caused their unsteady gait. They could also argue that the police officer did not correctly explain the instructions of a test and that the subject misunderstood. If you failed the eye test, medical conditions, and certain medicines, could explain eye movement similar to when drunk. Your attorney could use this when questioning the officer.
Are the chemical test results subject to challenge?
If you failed a breath, urine, or blood test, your lawyer could challenge the findings. They could prove the Breathalyzer was not adequately calibrated or even maintained. For taking your blood, the attorney could show the paramedic was poorly trained, did not take the blood properly, or maybe did not handle or store it in a way that it got contaminated.
Were you even the driver?
Your attorney could try to show that the prosecutors cannot show beyond a reasonable doubt that you were behind the wheel when pulled over. This is especially possible if the driver did not admit to driving and the car is not registered to them. This defense is successful if the defendant was drunk while sitting in a parked car and the officer did not witness them driving. The prosecutor must prove you were driving while intoxicated, so they must prove you were driving.
Why You Should Hire an Attorney
Although it can be pricey to hire a DWI lawyer, it is important to have someone who understands the law acting in your best interest to make sure you don’t go to jail or have other disastrous consequences that could literally destroy your life. Although an attorney, even a very experienced one, can never fully guarantee what will happen, someone who understands the US Constitution can look for violations or officer mistakes that could help your case.
Make Sure to Plead “Not Guilty”
If you plead “not guilty” to your DWI charge, this allows you to challenge the charges and have your attorney negotiate with the prosecutor. Research shows that those who do plead guilty have almost no chance of having a dismissal and are more likely to be convicted. If you plead not guilty, you may get a dismissal or be convicted on a lesser charge.
Find the Best Lawyer For Your DWI Charges
Go by word of mouth and ask around to find an attorney who is experienced and has the time for you and your case. Ask about payment plans or see if they’ll work with you to pay their fees. And don’t think the cheapest is the best. Go by experience and their success rate in similar cases.
Barkemeyer Law Firm Is A DWI Law Firm In Louisiana
Barkemeyer Law Firm is a Louisiana DWI law firm that can help you with any type of criminal charges you may be facing (including DWI). They have several locations and offer the best chance at getting your DWI dismissed! Contact Barkemeyer Law Firm today!