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How can you fight a DWI charge?

On Behalf of | Sep 8, 2023 | DWI Defense

A conviction for driving while intoxicated (DWI) can affect your driving record and limit your opportunities for housing, education and employment. A driver in Arkansas can be charged with a DWI if they are caught driving with a blood alcohol concentration (BAC) of 0.08% or more, 0.04% for commercial drivers and 0.02% for drivers under 21 years.

You can contest a DWI charge using different defenses, including:

Lack of reasonable suspicion to stop you

The police must have reasonable suspicion that you have broken the law to stop you. Examples that could suggest you are driving drunk include swerving, sudden acceleration and deceleration, failing to yield, abrupt braking and changing lanes unsafely. They can also use other grounds to justify the initial stop, such as your taillight being broken.

Accuracy of breathalyzer test

Like any other device, breathalyzers can have errors. If it’s not properly calibrated, a breathalyzer can give wrong readings.

Other factors that can affect the accuracy of a breathalyzer test include medications, foods that contain alcohol, mouthwash and medical conditions that result in acid production, such as gastroesophageal reflux disease (GERD).

Accuracy of field sobriety tests

The police may have used field sobriety tests, such as horizontal gaze nystagmus, walk-and-turn and one-leg stand to show you were drunk but these tests can be inaccurate. If the instructions were poor or you have a particular condition or disability you may have failed them despite not being drunk.

A DWI charge can affect your life in different ways. Nonetheless, it’s possible to fight it with an appropriate defense strategy. Legal guidance can help you protect your driving record and future.