Facing a DWI (Driving While Intoxicated) charge in Arkansas can feel overwhelming, but it’s important to remember that being charged is not the same as being convicted. With the right defense strategy, you may be able to reduce your penalties or even have your charges dismissed. Here are ten potential defenses to a DWI charge in Arkansas.
1. Improper Traffic Stop
A police officer must have reasonable suspicion to stop your vehicle. If the officer lacked a valid reason for pulling you over or stopping you at a checkpoint, any evidence collected afterward may not be admissible in court. This is a critical point to investigate in any DWI case.
2. Faulty Field Sobriety Tests
Field sobriety tests, such as the one-leg stand or walk-and-turn, are commonly used to assess intoxication. However, these tests are subjective and can be influenced by factors such as medical conditions, weather, uneven pavement, or poor instructions from the officer.
3. Breathalyzer Malfunction
Breathalyzer devices used to measure blood alcohol concentration (BAC) must be properly calibrated and maintained. If the breathalyzer machine was faulty or improperly operated, the BAC reading could be inaccurate and challenged in court.
4. Blood Test Errors
Blood tests are considered more accurate than breathalyzer tests, but that doesn’t mean they are immune to errors. Contaminated samples, improper storage, or mistakes during the testing process can call the results into question.
5. Medical Conditions or Medication
Certain medical conditions, like diabetes or acid reflux, can create false positives in breath tests due to the presence of chemicals like acetone. Additionally, some prescription or over-the-counter medications can mimic signs of intoxication.
6. Non-Standardized Field Sobriety Procedures
If the officer deviated from standard procedures during your arrest, it may weaken the case against you. This can include giving unclear instructions or failing to follow the guidelines set by the National Highway Traffic Safety Administration (NHTSA).
7. Lack of Probable Cause for Arrest
Even if you were legally stopped, the officer must have probable cause to arrest you for DWI. If there is insufficient evidence, such as slurred speech, physical impairments, or failed sobriety tests, your arrest may not hold up in court.
8. Violation of Your Rights
Police must follow strict guidelines when making an arrest, including reading you your Miranda rights. If your rights were violated during the arrest or questioning process, any statements you made may not be admissible.
9. Eyewitness Testimony
Third-party witnesses may help challenge an officer’s version of events. Passengers or bystanders who observed the traffic stop or arrest can provide testimony that supports your case.
10. Challenging the Reliability of Evidence
The prosecution’s case is only as strong as the evidence they present. An experienced attorney will thoroughly examine all evidence against you, including police reports, dashcam footage, and witness statements, to identify inconsistencies or weaknesses.
Moving Forward with Confidence
A DWI charge is serious and can carry significant consequences, including fines, license suspension, and even jail time. However, by working with a skilled and knowledgeable attorney, you can explore these and other defense strategies to fight your charges and protect your future.
At Denson DWI & Drug Defense, PLLC, we understand how stressful it can be to face a DWI charge. That’s why we’re here to help you every step of the way. Our experienced legal team can evaluate the circumstances of your case, identify possible defenses, and develop a strategy tailored to your specific needs.
If you’re facing a DWI charge in Arkansas, don’t wait to ask us for help. Together, we can fight for the best possible outcome.
Reach out today at (501) 273-1748 for a consultation and get the compassionate support and professional guidance you deserve.