WHAT ARE SOME OF THE DEFENSES IN A DWI CASE?
There are a number of potential defenses that can be raised in a given drunk driving case. Roughly speaking, however, the majority can be broken down into the following areas: 1. “He wasnt driving”. Intoxication is not enough: the prosecution must also prove that the defendant was driving. This may be difficult if, as in the case of accidents, there are no witnesses to you being the driver of the vehicle. Most drivers quickly admit they were driving, although they had the right to remain silent. 2. Probable cause. Evidence will be suppressed if the officer did not have legal cause to (a) stop, (b) detain, and (c) arrest. Sobriety roadblocks present particularly complex issues. 3. Miranda. Incriminating statements may be suppressed if warnings were not given at the appropriate time. 4. Implied consent warnings. If the officer did not advise you of the consequences of refusing to take a chemical test, or gave it incorrectly, this may affect the admissibility of the test results — as wel
