Challenge the Stop – Lack of Reasonable Suspicion

Challenging a DWI charge can be done at three primary stages, the first being the stop. An officer is only permitted to stop you if you are driving erratically or breaking the law. A police officer must have reasonable articulable suspicion to pull you over lawfully. If the officer’s decision to stop you was based solely on instincts or assumptions, we may argue that the stop was unjustified. 

To determine whether the officer’s allegations align with the video evidence of your driving, we will make every effort to acquire it. If we can successfully argue that the officer had no legitimate reason to pull you over, the judge may dismiss your case.  

The second stage where we can challenge your DWI is at the point of arrest. In order to arrest you for a crime, an officer must have probable cause that you committed that crime. Probable cause is based on a culmination of factors leading up to the arrest, including your driving behavior, the officer’s observations of you, and your performance on field sobriety tests.

Our DWI attorneys will thoroughly examine the evidence at this stage of the investigation to determine if probable cause was present. If we can demonstrate to the judge that the evidence did not meet the standard of probable cause, your case may be dismissed.

Challenge the Field Sobriety Test

It’s important to be aware that Field Sobriety Tests (FSTs) are often presented to suspects as an opportunity to prove their innocence, but in reality, they are designed to gather evidence to be used against them at trial.

There are two types of FSTs: Standardized Field Sobriety Tests and Non-Standardized Field Sobriety Tests. The three Standardized Field Sobriety Tests include the Walk-and-Turn Test, the One-Leg-Stand Test, and the Horizontal Gaze Nystagmus Test. Non-Standardized Tests consist of the Finger Dexterity Test, the Alphabet Test, Counting Test, and the Romberg Balance Test. According to studies, the three Standardized FST’s are the most reliable tests for assessing sobriety, but it’s crucial that they’re administered correctly. The administering officer must strictly follow the required procedures when administering these tests.

As your attorney, we will likely counter your BAC (breath alcohol content) result with favorable evidence to raise a reasonable doubt as to whether you were impaired. Further, the officer must take certain steps before administering the EC/IR-II test. If he failed to follow these steps, there are ways we can keep your BAC result out of evidence, which will make it much more difficult for the District Attorney to prove your guilt. If we can convince the judge of any reasonable doubt as to your impairment, he will find you not guilty of DWI.