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Can You Fight a DWI? Legal Defenses to Help You Out of a Drunk Driving Charge

If you’ve been charged with a DWI, you may think that you don’t have a lot of options. Fortunately, you can fight a DWI in some situations. These are some of the legal defenses that you may be able to use to help you get out of a drunk driving charge.

Improper Traffic Stop

Police officers have to have a reasonable suspicion in order to pull you over. They aren’t legally supposed to stop you if you aren’t doing anything wrong. If they can’t prove you were swerving, speeding, or breaking any traffic laws, they probably didn’t have any legitimate reason to pull you over. You can use this as part of your defense when trying to fight a DWI.

Issues With Sobriety Tests

There are protocols that must be followed when police officers issue a sobriety test. This includes being respectful and not overly aggressive. They shouldn’t act in such a manner that it makes it difficult for an individual to complete these tests. If you feel as if a sobriety test wasn’t conducted properly, you may be able to use this as a defense in order to get out of a drunk driving charge.

Interrogating You After You Request a DWI Attorney

You need to consent to be interrogated. If you say no and request that your DWI attorney present, the police need to stop interrogating you immediately until your legal counsel is present. Unfortunately, many police officers will try to entice you to take part in an interrogation in order to get you to admit fault. Don’t agree to speak without your lawyer present.

A DWI attorney can help point out issues you might not have noticed in the heat of the moment, such as improper traffic stops or improperly administered tests. Because a DWI attorney specializes in these kinds of cases, they’ll know all the rules and documentation required of this kind of charge better than you will. With that experience, they can be your best chance of getting out of the ticket charge.

Suffering From Certain Medical Conditions

You might have certain medical conditions that make you appear to be drunk even though you’re not. These conditions can include illnesses like diabetes or multiple sclerosis. If you are experiencing slurred speech or issues with cognition that are related to your medical condition, a police officer may think that you are drunk even though you haven’t imbibed any alcohol. If you do try to get out of your DWI by using your medical condition as a defense, you will need to provide your medical records in order to prove that you do in fact have a medical condition.

As you can see, you may be able to fight a DWI. If you feel as if any of the legal defenses mentioned above apply to your situation, it’s a good idea to contact a DWI attorney as soon as possible.

Author information: Anita is a freelance writer from Denver, CO. She studied at Colorado State University and now writes articles about health, business, family, and finance. A mother of two, she enjoys traveling with her family whenever she isn’t writing. You can follow her on Twitter @anitaginsburg.

Bob Kraft

I am a Dallas, Texas lawyer who has had the privilege of helping thousands of clients since 1971 in the areas of Personal Injury law and Social Security Disability.

About This Blog

The title of this blog reflects my attitude toward those government agencies and insurance companies that routinely mistreat injured or disabled people. As a Dallas, Texas lawyer, I've spent more than 45 years trying to help those poor folk, and I have been frustrated daily by the actions of the people on the other side of their claims. (Sorry if I offended you...)

If you find this type of information interesting or helpful, please visit my law firm's main website at You will find many more articles and links. Thank you for your time.

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