How a DWI Lawyer May Get Your Case Thrown Out of Court

Being accused of driving under the influence of alcohol can be serious, but it does not always mean you will be formally convicted. In fact, when you have a good DWI lawyer, there is a chance that you will get the entire case thrown out. If not, you can usually at least get reduced penalties so you spend less money in fines and less time in jail. Learn some reasons that your case may be thrown out with the help of an attorney.

Sometimes, the police officer cannot prove that he had reason to pull you over and accuse you of driving drunk. For example, you usually need to be swerving, driving recklessly, or speeding in order to be suspected of this crime. If you are driving perfectly fine and an officer stops you simply because he sees you leaving a bar, despite operating your car normally, you may have a good case. The same goes if he stops you for another infraction and then decides to give you a Breathalyzer test just because he can, despite a lack of signs that you have been drinking. Of course, police officers can make up a reason to stop you when asked by the judge, so this may be hard to prove. That is why you need a DWI lawyer, who should know the laws and excuses that officers may have for pulling you over.

Another reason that a DWI lawyer could get your case thrown out is that the equipment was faulty. A Breathalyzer might not be properly calibrated, which is important since even a small inaccuracy can take you over the legal limit, resulting in major consequences. If you think the equipment might be wrong, you should mention your concern to your attorney, who may request that it be tested.

Additionally, it is possible that the police officer who pulled you over did not follow proper procedure. Perhaps he had a good reason to pull you over in the first place, but failed to properly preside over the tests for this crime. This may mean that even though you were over the legal limit, you should not have had to take the test at all, or at least not the way it was administered. If you have this concern, tell your attorney so that he or she can find out the proper procedure and compare it to what actually happened. You may find that your entire case can be thrown out because the officers involved did not follow the rules.

In most cases, your DWI lawyer can request further details in order to make sure the equipment is working, proper procedure was followed, and there was a good reason to suspect you of driving under the influence. The worst that can happen is that your attorney finds out that everything was done properly, which means he or she can get started trying to find other holes in the charge, or at least lessening the penalties. If you want the best chances of getting rid of the charges, you clearly need a DWI lawyer.