A driver charged with a DWI has multiple options when formulating a DWI Defense in New Iberia LA. While affirmative defenses are available in limited circumstances, it is more common to defend against charges by questioning the validity of evidence or the officer’s observation of the events preceding the arrest. DWI laws vary by jurisdiction and every case is unique, so it may be beneficial to consult an attorney with chrisrichardattorney.com.
Affirmative DWI Defenses
* Necessity: When one proves that he or she had no other choice but to drive while intoxicated and the harm they sought to avoid was more substantial than the harm that could arise from the DWI.
* Duress: When one drives to avoid death or serious injury, they do so under duress.
* Entrapment: When officers encourage one to drive under the influence, it is known as entrapment. A defendant and their attorney must prove the person would not have driven drunk if not for the officer’s actions.
* Mistakes of fact: When one believes that they are not intoxicated. For instance, a person could use this defense if they honestly believe the effects of a prescription medicine have worn off.
* Involuntary intoxication: When a person unknowingly ingests alcohol, they can claim this as a defense.
Common Defenses
* Improper stop: This defense is frequently used by DWI attorneys, and it involves claims the officer did not have probable cause to make a stop.
* Accuracy of field sobriety tests: This defense may be used if an arrest is based on poorly administered tests or incorrect results.
* Accuracy of Breathalyzer test: An attorney can challenge the administration of an on-scene breath test based on officer training or intervening factors. Additionally, the defense can question the maintenance or calibration of the device.
Talk to an Attorney for Free
Even if one believes they were slightly inebriated at the time of an arrest, they still have the right to a legal defense. To protect their rights and achieve a positive outcome, it is in a driver’s best interests to call a DWI attorney for a case evaluation. A local attorney can discuss a potential DWI Defense in New Iberia LA and help the client decide how to move forward. You can also visit them on Google+ for more information.
