A DWI arrest can be devastating and punishments regarding DWIs are harsh in an effort to protect as well as deter. One must remember that receiving a DWI ticket doesn’t always mean conviction. There are many defenses for those who are suspected or have been accused of DWI. If you have been arrested for DUI in Minnesota, contact a Minneapolis DWI Lawyer as soon as you are able.
Possible Defenses for DWI
Defenses to “Driving” Under the Influence
If you were not physically driving the vehicle, your attorney may be able to defend your DWI using the “non-driving” defense; however, in Minnesota an officer of the law does not have to physically see you driving the car to arrest you for DWI. This is where the jury comes into play, if your attorney can establish reasonable doubt by presenting viable evidence you were now driving while intoxicated, you could face reduced charges or be exonerated of DWI.
Circumstances of Arrest Defenses
If the arresting officer did not have probable cause to stop your vehicle or did not follow procedure during your arrest, these details could build a strong defense for DWI. Probable cause for stopping your vehicle is an important element of the arrest procedure, if probable cause is not justified, evidence gathered by police during the traffic stop could be stopped from entering trial.
If you were not read your Miranda Rights, “you have the right to remain silent, that anything you say may be used against you, and that you have the right to an attorney,” etc. or they were not read to you correctly, your attorney could have your case dismissed or evidence gathered by police may be stopped from entering the trial.
Challenging Officer Allegations
These defenses can include but are not limited to:
- Witness testimony and solid evidence suggesting you had not been drinking before entering the vehicle
- Witness testimony or strong evidence suggesting you appeared sober at the time of the traffic stop
- Witness testimony or strong evidence suggesting circumstances that occurred, such as running a traffic stop, were due to distraction, not DWI.
If you have been arrested for DWI, it is imperative you speak with an attorney from the Martin Law Offices before your trial date. For the best outcome for your DWI case, please contact us for a free consultation.