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06Apr

How Can I Beat My First DWI?

If you get arrested for DWI, you may be wondering “how can I beat my first DWI?” That first DWI can be troublesome as you are trying to figure out the legalities surrounding such a charge. Luckily, beating a DWI is not as difficult as it is often made out to seem, and the following tips will go a long way in helping you succeed in doing so. 

If you are ready to learn how you can beat your first DWI, grab a cup of tea and let’s get started on beating your first DWI!

Read more about Louisiana DWI first offense laws here!

Challenge The Results Of Your Breath Test

Breathalyzer technology is known for not being the most reliable, and it can often give incorrect results for whether or not you are intoxicated. Because of this, it is essential that you challenge the results of your breath test and make sure that you are bringing up anything that could have skewed the test errors. 

Things that could affect your breath test are:

  • The breathalyzer itself is not functioning correctly. This could come from it not being perfectly calibrated by the officer applying the test to you, the machine being dropped previously or otherwise damaged in some way, or the device’s margin of error is too high. 
  • You have a sickness that affects the level of alcohol in your blood, such as diabetes. This tends to be one of the more common reasons why breathalyzer test results are inaccurate, so do not forget to mention this if you have diabetes. 
  • Your gender, breathing habits, weight, and red blood cell count can affect the breathalyzer test results. If you have any reason to believe any of these could have affected your test results, be sure to bring this up to the judge when you have your trial day. 

Make Sure There Was Probable Cause For You To Be Pulled Over

For a DWI pullover to be considered legal, there has to be probable cause for the officer to have pulled you over. If there was no probable cause when you were pulled over, you could have a defense for a DWI even if you had been drinking before driving. However, if there is anything that could have been considered the probable cause, there is a good chance your case will continue because of that. 

Reasons for probable cause include:

  • You were driving erratically. This includes swerving on the road, riding the curbside for no apparent reason, or the officer had any other reason to believe you were driving erratically or out of the norm. 
  • You were speeding at any point when the officer pulled you over. 
  • You ran a red light or multiple red lights depending on when the officer pulls you over.

The Prosecution Must Prove You Were Driving The Vehicle

You can not be convicted of a DWI if the prosecution can not prove beyond a reasonable doubt you were driving the vehicle when they said you were. This can either help you or help prove the prosecution’s case easier, but if you can fight your DWI with this, there is a good chance you can manage to beat your DWI case. 

If you were in a parked vehicle when the officer charged you with a DWI, this would be operating a vehicle if the keys were in the ignition or the car was on. Keep in mind though some states do have different laws on this. You will want to check the laws of the state you live in on this matter. 

PRO TIP: Read this great article entitled can I get a DWI for driving high. We know it will be informative!

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Hire A Good Defense Lawyer To Represent You

One of the most important things you can do to beat your first DWI is to hire a good defense lawyer to represent you. In fact, you should hire the best DWI lawyer you can find depending on your location.

It can be challenging to beat your first DWI or any DWI at that on your own. The legal system can be a mess, but our lawyers know it well and will increase your chance of beating your first DWI greatly compared to if you tried to fight it on your own.

Take the time to research defense lawyers around your area and who is the best criminal defense attorney near you. If you know any friends or family who have gone through the trouble of beating a DWI, ask them if they have a recommendation for any good lawyers. This can frequently make it easier on you rather than trying to hunt down a lawyer on your own, but if you have no connections to a lawyer through friends or family, make sure you thoroughly research any lawyer you plan on going with. This way, you can ensure they are a good fit for you. 

DWI Lawyer

Beating your first DWI can be a challenging battle, but with these tips and advice, you should be able to beat your first DWI easily. The DWI attorneys at the Barkemeyer Law Firm are among the best in Louisiana and you should consult with him regarding your case.

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Louisiana DWI & Criminal Lawyers

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Louisiana criminal lawyers and DWI attorneys at the Barkemeyer Law Firm providing legal defense services for clients in Baton Rouge, Ascension, Livingston, Tangipahoa, Port Allen, Alexandria, New Orleans, Lafayette, Metairie, Kenner, Gretna, Hahnville, Chalmette, Slidell, St. Tammany, St. Charles, St. John, St. Bernard, Mandeville, Covington, Shreveport, Bossier, Jefferson, and all of Louisiana.

DISCLAIMER: The information on this website is not formal legal advice nor does it create an attorney-client relationship.

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