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Miller & Terry Attorneys at Law take the time to understand your case before determining the best course of action. Keeping current on new laws & regulations ensures your attorney has most prevalent knowledge of the law combined with years of experience to win your case.

May 29, 2013

5 Most Common DWI Defenses

Category: Blog, DUI/DWI, Uncategorized | Tags: , , , , , , , , , , ,

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Our law office is well versed with DWIs and we understand that there are plenty of reasons why you can fail a sobriety test or be arrested for assumptions that you are driving while intoxicated.

Here are five of the many reasons you could be accused of driving while intoxicated:

1) Sober people are guilty of bad driving

Face it, even when you haven’t had a drink in over a month, you can pull out of your garage and realize you left your brain at home.  You just set the state record for crossing the centerline with a patrol car behind you.  You are not impaired just a bad driver for 15 seconds.

2) Objective symptoms of intoxication aren’t 100 percent conclusive

An officer takes you in because of red-watery eyes, slurred speech, a flushed face, a strong odor of alcohol and an unsteady gait. None of these objective symptoms are 100 percent conclusive.  Each may have a good reason for existing at the time of the arrest.

3) Field sobriety tests don’t accurately measure intoxication

Being nervous, wearing uncomfortable shoes (heels for the ladies), wind, cold and cars driving by quickly, can all lead to someone failing a sobriety test.  Also, some of us are just clumsy.

4) The police officer didn’t properly observe the driver for 15 minutes

Before taking a breathalyzer test, you cannot drink, eat, vomit or belch for 15 minutes. If the officer doesn’t properly observe you for 15 minutes, they cannot know if you didn’t do any of these things. Therefore, it can alter the test.

5) The officer did not comply with all the regulations that govern blood and breath testing

There are many different regulations that officers must comply with for blood and breath testing to be accurate and admissible for court.

As you can see, there are many ways that a DUI/DWI accusation can be defended. If you need help defending yourself in a DWI/DUI case, give the law offices of Dan Miller a call today at (816) 875-0470.