A DUI or DWI case can have a negative impact on a person’s life. If you are not aware of these terms, DUI stands for driving under the influence, and DWI stands for driving while intoxicated. Persons who get arrested in such a case not only face legal proceedings, but it can also impact their work and lives in some places.
Although it’s possible to fight a DUI or DWI case on your own, it can become complicated if you don’t deal with it the right way. So, people always hire a lawyer who can help them fight their case in court. Attorneys can help them to reduce their charges, and sometimes, they can dismiss the charges entirely.
How to Make the Best Legal Argument?
As DUI or DWI charges can become complicated, it’s necessary to analyze the circumstances carefully. When you make a legal argument, you should consider a number of factors. Normally, the offenders have many faults during such a case. However, the following questions will help you make a strong legal argument in the court.
Were You Stopped for a Probable Cause?
First of all, you should ask yourself why the officer stopped you. Was there any probable cause for which the officer stopped you? If you find that you were stopped without any probable cause, the evidence collected against you won’t be used in court. So, most of the arrests get dismissed or reduced due to lack of probable cause.
Find if There Was a Fault in the Breathalyzers?
Normally, the officers use an instrument called a breathalyzer to test that you are driving under the influence of drugs or chemicals, or alcohol. In most cases, the instruments have some defects. Some of the common flaws in these machines are:
- Malfunction of the instrument;
- Failure of the instrument before taking the test;
- The officer used the instrument improperly.
- The instrument was damaged.
Next, you need to know the fact that the arresting officer should observe you for fifteen minutes before using the instrument. Sometimes the instrument can show false positives appear due to acid flux in your body. If the officer didn’t observe you for the specified time before issuing the Breathalyzer, you could use this as a reason to disprove the charges.
False Reading Due to GERD
If you suffer from GERD or have a burp during the test, the instrument shows a false reading. So, the Breathalyzer can read your mouth alcohol instead of reading your breath from deep within your lungs. This occurs mainly due to residual alcohols from highly alcohol-soaked food.
Dietary and Health Conditions
Persons who follow a particular type of diet like Atkins can result in high readings in the Breathalyzers test. Moreover, individuals with diabetes may also get a high reading when tested by the instrument. Another medical condition is hypoglycemia that produces ethyl alcohol in the body.
Also, the instrument may result in high blood-alcohol content because of the health problems like acid reflux, gastroesophageal reflux disease (GERD), heartburn can also result in high blood-alcohol content. If you find any of the cases, you can support your argument with these reasons. However, you should note that if you get caught for the first time, then the charges may be reduced or dismissed. For the second or third time, the case becomes complicated.
The Bottom Line
It’s challenging to fight a DUI or DWI case without a lawyer. However, it can be extremely helpful to consult dwi attorney kansas city to receive legal advice in defending your case. If you have any queries, please feel free to ask in the comment section.