If you get convicted of a DWI, you may be wondering can I fight a DWI? Luckily for you, yes, you can, and you should fight your DWI if you ever get arrested for one.
A DWI can sometimes be the most straightforward charge to fight and can be more worthwhile than letting it go on your permanent record, which could affect you negatively down the road.
If you are ready to learn how to fight your DWI when you get one, grab your computer, maybe a lawyer or friend, and let’s get started!
When Fighting A DWI Charge, Fight Your Test Results
When it comes to fighting against your DWI charge, one of the essential things to keep in mind is you should challenge your test results. It does not matter if it was a field sobriety test, a breathalyzer test, or any other type of test given to you to test if you are intoxicated. Many of the tests given to test this can easily be wrong and often give back skewed results rather than actual data on your intoxication level.
If you were given a field sobriety test, you will want to focus on any physical factors that could have skewed these test results. This list includes but is not limited to the lighting of the area you were tested in any physical impairments you have, whether or not the ground was slippery or any other physical or mental factor that would affect your physical performance during such a test.
If you were given a breathalyzer test, you will want to fight the results by challenging the device’s accuracy. Many factors can skew the data for such a test, including the device not being properly calibrated, you have diabetes or another blood-related disease, or the margin of error for the device is not calibrated correctly.
Hire A Lawyer To Help You When You Are Fighting Your DWI
Another crucial thing to keep in mind when trying to fight your DWI is to hire a good defense lawyer to help you out. It is challenging to fight a DWI on your own, and you may not be able to beat your DWI without the help of a good defense lawyer. Once you get charged with the DWI, you will want to begin researching and looking for an excellent lawyer to represent you when court day comes along for you.
You can either ask friends or family if they have any lawyers they would recommend, or you can just search the internet for a good lawyer. If you are searching on your own, it is recommended that you see if the lawyer will be willing to sit down with you for a brief period of time so you can see whether or not they will be a good fit for you. It is better to take the time to find a good lawyer than just to hire the first lawyer you come across in your research.
Just Because You Were Charged Does Not Mean You Are Guilty
When it comes to fighting a DWI, you will want to make sure you are not in the guilty mindset that many people tend to fall into when they are charged with a DWI. Just because you were charged with a DWI does not mean you are guilty, and you should not approach your case as such until after the judge has made the decision on whether or not you were guilty of the crime.
Remember, in American courts, you are considered innocent until proven otherwise. This means even if you are charged with a crime, you are not guilty until all the evidence has been brought up against you and the judge or jury have decided without a doubt you performed the charge you have been accused of.
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Use Whatever You Can When Fighting Your DWI
When you are fighting against your DWI, use everything you can to fight your DWI. This, of course, includes hiring a lawyer to represent you and challenging the results of your field sobriety or breathalyzer test, but also several other things. Make sure you are challenging whether or not you were driving the car.
You will also want to challenge whether or not there was probable charge to pull you over when the officer did. If there was no probable charge when you were pulled over, you can not be convicted of the DWI, even if you were drinking before going out and driving.
Fighting a DWI can be a challenging task, especially if you do not have much knowledge about it. Make sure you are doing your research, you get a lawyer, and you stay calm during the entire process.
By remembering this advice, you have a good chance of fighting your DWI successfully. You now know if you can fight a DWI.