Can I Fight a DWI?

It is a common misconception that many people believe. When an officer pulls you over and slaps you with a DWI charge, you might believe that is the end and you can only deal with the penalties from here on out. These charges can be fought and many people are able to have their name cleared or the allegations against them reduced. Driving while intoxicated is a crime that police are always on the lookout for and they are known to make many arrests in these situations. The fact of the matter is that they can make mistakes and they may arrest someone that is falsely accused. Some suspects are often viewed as more guilty than they really are and may be given a harsher penalty then what fits the crime. An officer can believe that a person is intoxicated when they can actually just be nervous or have other causes that make them appear as though they have been drinking.

There are a number of field sobriety tests that are used in these situations that assess a suspect's behavior and functional control. The stress of it can be a lot and some people can fumble over their words or stumble while trying to walk a straight line. Officers are trained on how to carry out these tests, but that does not mean they are perfect. The officer can make an assumption that is less than the truth. It is unfortunate that many of these cases are based on the judgment of the officer who may perceive someone as guilty when they are not. One the arresting officer's mind is made up, it can be difficult to get them to really evaluate the situation at hand. Chemical tests can also be administered and these are used to assess the level of alcohol in a person's system through their breath, urine or blood.

Most often a breath test is given since it is easier to administer in the field. The machines used for this can be faulty or an officer may not be well informed in how to operate the device. Regular maintenance is also meant to take place, but sometimes a device was not checked when it should have been and this could mean that no one noticed it was not actually functioning as it should be. DWI charges can come with a high cost and it is not something that you want to go through without a fight. There may be valid reasons that you were wrongfully accused or that your charges are higher than what they should be. It is advised that you speak with a White Plains criminal attorney from my firm for strong defense against allegations.