Beating a DWI wouldn’t be easy if you don’t have any ideas on how to do so. In this article, we would be sharing five tips on how to defeat the DWI incident. This will give you more understanding of how DUI works and how it should be handled.
A DWI stands for driving while impaired or driving while intoxicated, however, in some states, this is also known as DUI which stands for driving under the influence of alcohol. This condition is more severe in some states where DUIs means driving while impaired by prescribed or recreational drugs.
In states like California, a DWI incident can stay in your criminal record permanently, therefore, if you have been convicted of DWI – this will affect your driving record badly. In case you have experienced this as your first DWI offense, it would be exhausting to run off this case. This article will definitely give you helpful tips on how to make it through.
Tip #1: Exercise Your Right to Remain Silent
Taking advantage of the fifth amendment Miranda rights is one sure way you can beat a DWI; that is if the cops remember to even read it to you. If you do not read your rights, whatever you say cannot be tendered in court. Also, any evidence collected against you cannot be used due to the fruit of poisonous tree rule.
If the cops remember to read your Miranda rights to you, then you have every reason not to speak until you speak with a trusted attorney.
Tip #2: Do Not Engage in Sobriety Tests
Don’t do it even if you are sober. Anytime you are pulled over for a DWI, do not engage in sobriety tests. Why? The answer is simple. These tests are challenging and are designed so that the participants will fail.
If you forget and have already engaged and failed any of these sobriety tests, you can still challenge the test results. Simply state that certain external factors contributed to you failing these tests.
A typical example of external factors you can point to include slippery floors, bad lighting, uncomfortable shoes, intimidation by police officers which led to nervousness and lastly you can blame it all on non-athleticism.
Tip #3: Challenge the DWI Stop
Yes, you can also challenge the legality of the DWI stop. The officer(s) must give a good reason for stopping you. Some of the most common and allowed reasons in court include; drivers exhibiting impairment patterns or running a stoplight.
Without a good reason for the stop, the officer will have to let you go, or your lawyer can ask the court to suppress any evidence gathered through illegal means.
Tip #4: Ask the Cops to Prove You Were Driving
Another foolproof method of beating a DWI is getting the prosecutors to prove that you were driving. If you were in a parked car but not driving, it will be hard to charge you with a DWI.
Also, if you were in an accident or collision and the police arrive after you have exited the vehicle; once there are no witnesses to prove that you were behind the wheel moments before the crash, it will be hard to charge you with a DWI
Tip #5: Get in Touch with A Good Lawyer
An excellent DWI lawyer or legal counsel is the best chance you have at getting away with a DWI. These guys know the law. They know every loophole and have ways of exploiting these loopholes to the benefit of their clients.
We want to say that driving while intoxicated or impaired is terrible and apart from a temporary or permanent suspension of your driving license, you could even lose your own life. If you are intoxicated, you should get a designated driver to take you home. An Uber or an assigned sober driver should be enough.