Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) charges are serious criminal offenses that can have long-lasting consequences for those involved. If you’ve been stopped for suspicion of DUI or DWI, you may feel confused, overwhelmed, or unsure about your rights and options. This blog post will break down DUI DWI defense strategies that are available, and provide a step-by-step guide on what to do if you’re ever stopped or detained by the police for the suspicion of driving under the influence.

What is a DUI or DWI?

Before considering available DUI DWI defense strategies, it’s important to understand what these charges are. DUI and DWI are terms used to describe the act of operating a motor vehicle while impaired by alcohol, drugs, or a combination of both. The exact terminology can vary depending on the state. For instance, in some states, “DUI” refers to both alcohol and drug impairment, while in others, it specifically refers to alcohol impairment. “DWI” (Driving While Intoxicated) often refers to impairment due to alcohol, but it can also apply to drugs.

What is the Legal Limit of Alcohol to Drive?

The legal limits for blood alcohol concentration (BAC) typically hover around 0.08% for most drivers, but there are different standards for commercial drivers and drivers under the legal drinking age. Driving under the influence of prescription or illegal drugs is also a punishable offense, especially if the drugs impair your ability to operate a vehicle safely.

Consider Penalties When Weighing Your DUI DWI Defense Strategies

DUI or DWI offenses can result in severe penalties, even for first-time offenders. Penalties vary by state, but they can include:

• Fines: A DUI conviction may lead to substantial fines that range from hundreds to thousands of dollars, depending on your state and the specifics of your case.
• License Suspension or Revocation: A DUI conviction often leads to a suspension or even revocation of your drivers license, sometimes for months or even years.
• Jail Time: In some cases, a DUI conviction may result in imprisonment, particularly if there are aggravating factors such as prior convictions, a high BAC, or an accident caused by impaired driving.
• Probation: Instead of or in addition to jail time, a judge may order probation, which may include random drug testing, alcohol education programs, and community service.
• Increased Penalties for Subsequent Offenses: If you have a history of DUI or DWI offenses, your penalties may become more severe with each conviction.

Defendants must understand the possible penalties a DUI or DWI charge may carry if the case is lost at trial. By understanding the possible penalty, an informed decision may be made regarding a favorable plea deal.

What is the Best Defense Against a DUI or DWI?

If you are charged with DUI or DWI, you don’t simply have to accept the consequences. You need to know the DUI DWI defense strategies available to challenge the charges. Here are some of the most common DUI DWI defense strategies:

1. Improper Stop or Detention

Law enforcement officers must have a valid reason to stop or detain a driver. If the officer didn’t have a reasonable suspicion that you were breaking the law (e.g., speeding, swerving), your attorney may be able to challenge the stop, which can result in the case being dismissed.

2. Faulty Field Sobriety Tests

Police often rely on field sobriety tests (FSTs) to gauge a driver’s impairment. However, these tests can be influenced by a variety of factors unrelated to alcohol or drugs, including medical conditions, fatigue, or poor weather conditions. A skilled defense attorney can argue that the test results were invalid.

3. Improper Administration of Breath or Blood Tests

Breathalyzer and blood tests are often key pieces of evidence in DUI and DWI cases, but they are not foolproof. Breath tests can be inaccurate if the device was poorly calibrated, the officer made mistakes in administering the test, or the driver was affected by certain health conditions (such as acid reflux). Blood tests may also be compromised if proper handling procedures weren’t followed.

4. Rising Blood Alcohol Content

Your BAC may not reflect your true level of impairment at the time you were driving. Alcohol takes time to enter the bloodstream, and it is possible that you were below the legal limit when you were driving, but your BAC rose above the legal limit after the stop.

5. Medical Conditions

Certain medical conditions or medications can mimic the symptoms of intoxication such as slurred speech or unsteady balance. For example, people with diabetes, neurological disorders, or certain infections may exhibit symptoms that could lead an officer to suspect DUI, even though they are not impaired by alcohol or drugs.

6. False Positive Drug Test Results

If you were accused of being under the influence of drugs, there is always the possibility that the test was inaccurate or the drug was not impairing you at the time of the stop. Some medications can cause a false positive for drugs like marijuana, even if you haven’t consumed any illegal substances.

7. Improperly Administered Miranda Rights

If the police failed to read you your rights properly after arrest, any statements you made after the arrest may be inadmissible in court.

What Should You Do When Pulled Over for DUI or DWI?

Being stopped for suspicion of DUI or DWI can be a stressful and intimidating experience. You need to know what to do during a stop so you can protect your rights and enhance your DUI or DWI defense strategies when you get to court. Here’s a step-by-step guide on how to handle a DUI or DWI stop:

1. Pull over Safely

As soon as you notice police lights behind you, signal and pull over to the side of the road in a safe manner. Try to remain calm, and avoid erratic movements. Keep your hands visible on the steering wheel, and be prepared to provide your drivers licence, registration, and insurance when asked.

2. Remain Calm and Respectful

It’s crucial to remain calm and respectful when interacting with the officer. Even if you feel the stop is unwarranted, arguing with the officer could escalate the situation. Remember, you are not required to answer any questions beyond identifying yourself or showing your licence and registration.

3. Know Your Rights Regarding Field Sobriety Tests

You have the right to decline preforming field sobriety tests, though doing so may lead the officer to assume you are impaired, and they may arrest you. In some states, refusing to take these tests may result in immediate penalties, such as drivers licence suspension. However, this decision can be part of your defense strategy.

4. Breathalyzer and Blood Tests

Know the Implied Consent Laws: Most states have “implied consent” laws, meaning that by driving, you’ve agreed to take a breathalyzer or blood test if asked by a police officer. Refusing these tests can result in the immediate suspension of your drivers license, even without a DUI conviction. However, you should understand that if you submit to a test and the results show a BAC above the legal limit, you may be facing criminal charges.

Notably, the Supreme Court held in Birchfield v. North Dakota, 136 S. Ct. 2160 (2016), “that the Fourth Amendment permits warrantless breath tests incident to arrests for drunk driving.” The Supreme Court reasoned “[t]he impact of breath tests on privacy is slight, and the need for BAC testing is great.”

5. Do Not Admit Guilt

It’s important to avoid admitting to the officer that you’ve been drinking or using drugs. Even casual comments like, “I had a couple of drinks,” can be used against you in court. Simply provide the necessary documents and cooperate with the police to avoid escalating the situation.

6. Be Aware of Your Miranda Rights

If the police arrest you, they must read you your Miranda rights. See: Miranda v. Arizona, 86 S.Ct. 1602 (1966). These rights include the right to remain silent and the right to an attorney. Exercise your right to remain silent until you have legal representation.

7. Request an Attorney

If you are arrested, it’s crucial to request an attorney as soon as possible. Your attorney can help you navigate the legal process, assess the strength of the evidence, and determine the best defense strategy for your case.

My Final Thoughts

Being charged with a DUI or DWI can have serious consequences, but you have rights and defenses available to you. It’s essential to know these DUI DWI defense strategies and how to handle a DUI stop – from the initial encounter with law enforcement to dealing with the consequences of a potential conviction.

Always remain calm, know your rights, and seek legal assistance if you are arrested. A skilled DUI attorney or conducting thorough research can help you evaluate the circumstances of your case, develop a strong defense, and potentially reduce the impact on your future.

If you, or someone you know, will be proceeding to trial, challenging a criminal sentence, pursuing post-conviction relief, or litigating a Civil Rights Section 1983 lawsuit, our books are crucial resources in the pursuit of justice. Purchase your copy today, or on behalf of someone incarcerated.