Possible Defenses to DUI / DWI Charges in Minnesota
Despite what many people who have been arrested may think, there are many ways to defend an DWI charge in Minnesota. That remains true even when the police have a test showing a blood-alcohol content of 0.08 (the legal limit) or higher. Remember, a charge isn't the same as a conviction — the county prosecutor will still have to prove without a doubt that you did what they claim you did. The evidence they use to prove the case against you has to meet several legal and civil rights standards. If even one part of the case against you doesn't meet those standards, it may be dismissed or significantly weakened.
One flaw that has been prevalent in Minnesota DUI cases has to do with the breath test reading. Breathalyzer or Intoxilyzer tests are the basis for most Minnesota DWI charges, but there are questions around their accuracy and documented cases suggesting many may have serious flaws. Older breath test machines can be inaccurate because of environmental factors, including the weather, what you had for dinner, personal care products, medications you are taking and more. The breath testing machines also need to be stored, calibrated and administered properly in order to be used as evidence. In addition to the machine being in working order, and the police officer correctly administering the test, the evidence has to be preserved and handled correctly.
Did the police have the right to pull me over?
Another common defense that can be raised in drunk driving / DWI cases has to do with the way police treated you. Police officers may not pull over anyone they like for any reason; they need to have a reasonable suspicion of some kind of offense. Once they have stopped you, they need to have a good reason to suspect intoxicated driving, not just subjective beliefs about slurred speech and bloodshot eyes. If they search you even though you didn't grant them permission for a search (which you don't have to grant), they need to have a reasonable suspicion that they'd find evidence of an offense. This kind of flawed evidence can't be used in court, and an experienced Minnesota DUI attorney can often get the entire pull-over thrown out, leaving the prosecution with no case against you.
Call Us Today - Aggressive DWI / DUI Defense in The Twin Cities
If you have been arrested for DWI in Minnesota, it is critical to speak with an attorney and understand your options. The experienced lawyers at The Adkins Law Group can provide a free initial consultation either in our office or over the phone so that you can make a decision about the best way to proceed. While there are certainly costs to hiring a DWI lawyer, the costs of not hiring a DWI lawyer will be greater: heightened insurance premiums, high fines, loss of future employment opportunity and more.
Don't wait another day - Call 612-355-2787 or email the DWI Lawyers at The Adkins Law Group today.
Contact us at 612-355-2787 for experienced legal representation tailored to your specific case.