The following are common DWI and DUI defense strategies our North Carolina attorneys use.
The Absence of Reasonable Articulable Suspicion
If the arresting officer pulled you over without reasonable articulable suspicion, you could have a valid defense against your DWI charge.
Before a police officer can pull you over or stop you, they must have a reasonable articulable suspicion that a crime has been committed. This means the officer simply can’t stop you based on a “hunch” or “gut feeling.” The officer must have a reasonable belief based on facts or circumstances that a crime has been, is being, or will be committed.
Inaccurate Field Sobriety Tests
There are currently three field sobriety tests that are scientifically approved by the National Highway Travel and Safety Administration (NHTSA) and are often used by law enforcement to develop probable cause to arrest. These tests are the Horizontal Gaze Nystagmus (HGN), the walk and turn test, and the one-leg stand. Of course, there are other optional tests that an officer can use to establish probable cause. However, according to NHTSA, these other tests are not supported as scientifically valid.
In addition, police officers must undergo official NHTSA training to perform these field sobriety tests correctly. If the test is not conducted according to standard procedure, its scientific validity may be questioned. Our DWI defense attorneys have also taken the NHTSA training for these field sobriety tests, so they have first-hand knowledge about how these tests work.
Inaccurate Breath Test
One of the ways an officer can measure the amount of alcohol in your system is by administering a breath test, or breathalyzer test. A breath test measures the number of ketones that your body gives off as it processes alcohol. It does not, however, measure the alcohol in your blood as a blood test would. Unfortunately, breath tests are sometimes subject to machine error. Several outside factors may affect your breath test results.
Improper Administration or Tampering of a Blood Test
Blood tests generally follow a structured process, which means there should be less room for error. The arresting officer will take you to the hospital or EMS station where a nurse or EMT will draw your blood. They’ll usually draw two vials of blood, which allows for retesting if necessary. But, there are still ways in which blood test results can become invalid.
The most common issue with blood testing is errors in the chain of custody. After your blood is drawn, it needs to be handled and stored properly. Otherwise, the blood quality could deteriorate and even ferment. In addition, proper paperwork and documentation could fall through.
You Were Not Actually Driving the Vehicle
You may be surprised to find that the arresting officer also needs to prove you were driving the vehicle. For instance, let’s say you were sitting in the car with the key in the ignition, but the car wasn’t turned on. This case would be handled differently than if you were pulled over while you were driving.
The Officer Violated Your Civil Rights
In some cases, the police officer may not have followed proper protocol when arresting you. This is potential grounds to argue for a case dismissal.
