One of the most common crimes Indiana residents are charged with is driving under the influence of drugs or alcohol. A conviction for an OWI (operating while intoxicated) charge could severely impact your life in a number of ways.
You’ll likely face jail time or prison, fines, community service, license suspension, and other penalties if you are found guilty, which is why you need a powerful defense to clear your name. Below, we discuss some potential defenses to DUI charges that could help you avoid a conviction.
In order for law enforcement to pull you over, they need to have probable cause. This means that there needs to be a valid reason for why they pulled you over in the first place.
Perhaps you were driving erratically or ran a red light, for example. Essentially, any traffic violations are valid reasons to pull you over, and will allow law enforcement the probable cause they need to move forward with a field sobriety test, breathalyzer, or chemical testing.
However, if law enforcement does not have probable cause to pull you over, any evidence they obtained after your stop, including chemical test results and other evidence can then be thrown out if your case goes to court.
Another option could be to question the validity of the field sobriety test (FST) or chemical test results. These tests are the primary way that law enforcement are able to calculate your blood alcohol concentration levels.
If the police officer did not administer the breathalyzer correctly, or conduct the FST appropriately, or if your chemical test results were invalid in some way, the results can be questioned in court.
There are other potential, less commonly used defenses that may work out in your favor. Depending on your blood alcohol levels, how remorseful you are, and the individual circumstances of your case, it’s possible we may be able to work with the prosecuting attorney to get your OWI charges dismissed, or at the very least reduced to what’s called a wet reckless.
A wet reckless is basically a reckless driving charge that involves alcohol. The prosecutor is often willing to work with drivers whose careers and lives could be seriously impacted if they were to be convicted of an OWI, as a wet reckless is a citation as opposed to a criminal charge.
If you have been arrested on a suspected drunk driving charge and are unsure of what your next steps should be, consult a highly trained Terre Haute DUI lawyer at Rowdy G. Williams Law Firm. We can further discuss the details of your case during your free consultation. This can be scheduled via our website’s quick contact form or by phone at 1-812-232-7400.
Our lawyers are skillful professionals in many practice areas including but not limited to: criminal defense, bankruptcy, civil litigation, divorce, and child custody law. They will give each case the attention needed to bring you a positive outcome. Rowdy Williams can provide the aggressive legal representation that you need. He has a proven track record and having him on your side may make the difference in your case.... View full business profile here: Rowdy G. Williams Law Firm P.C.
