In Arkansas, a prosecutor represents the state in a DWI case and must present evidence to prove beyond a reasonable doubt that a person is guilty of driving while intoxicated.
Constitutional rights violations by the arresting officer, inaccurate chemical tests, and improper reasons for a traffic stop are some of the most frequent examples of how you can fight the validity of the evidence against you and get the entire DWI case dismissed while keeping legal costs cheap as possible.
Below are the top 6 most common successful defense strategies used by skilled lawyers to defend against local DWI charges.
1. Challenging the Legality of Your Traffic Stop
Law enforcement officers must have reasonable suspicion of a crime in progress to pull someone over. If you were stopped without proper justification, it might be possible to suppress the evidence against you. This includes results from field sobriety tests, observations of intoxication by law enforcement, and chemical test results.
2. Asserting Your Rights Against Unlawful Search and Seizure
Even with probable cause for a traffic stop, officers can’t infringe upon your rights. The Fourth Amendment protects against unreasonable searches and seizures. If law enforcement didn’t have a valid reason to search your vehicle during the traffic stop, you might be able to suppress the evidence against you.
3. Challenging the Validity of a Field Sobriety Test
Field sobriety tests are used by officers to determine whether a driver is under the influence of alcohol. However, these tests can produce inaccurate results as they rely on an officer’s ability to provide proper instructions and make subjective observations. The fact that an officer determines someone is intoxicated after administering the test doesn’t necessarily prove intoxication.
4. Disputing the Accuracy of a Blood or Breath Test
Blood and breath chemical tests used to determine intoxication aren’t infallible. Breath test devices measuring blood alcohol concentration (BAC) must undergo regular maintenance to ensure accurate calibration. Any malfunction can show an intoxication level above the legal limit.
Blood tests also require meticulous collection, analysis, and storage of blood samples. Even the smallest error that is discovered during a free DWI arrest review by an experienced attorney can often make a significant difference in getting out of DWI charges with the case dismissed in court.
5. Medical Conditions as an Explanation for Signs of Impairment
In our experience, with many cases what appears to be signs of intoxication are actually symptoms of a medical condition. These are usually common conditions such as allergies, physical exhaustion, and other ailments which might cause symptoms similar to those of impairment, including:
- Unsteady balance
- Slurred speech
- Difficulty following instructions or concentrating
- Bloodshot eyes
Furthermore, women who get arrested for DWI in AR may even have additional winning DWI defense strategies to use that result in charges thrown out of court.
Every DWI case is unique, and defenses that worked for others might not apply to your situation. Conversely, you might be able to assert defenses that weren’t available to someone else who was convicted of DWI.
To determine what defenses can be used in your case, it’s crucial to discuss the details with a highly-rated inexpensive DWI lawyer in the area who can provide invaluable assistance in navigating these complex legal waters and help ensure that your rights are protected throughout this process.
6. Talk to the Most Experienced Local DWI Lawyer Now for Free Expert Legal Advice
Our team at FightDUICharges, with over 26 years of experience representing clients in DWI-related cases in Arkansas, is well-prepared to navigate the intricacies of the local legal process to find winning DWI defenses. We understand that fighting recent DWI charges can be overwhelming, especially when you think you can’t afford a top local lawyer to help.
We specialize in providing the highest-quality legal assistance in the area without breaking the bank. Our aim is to fight for your case to be dismissed and your charges dropped, making justice accessible to everyone.
When a person has financial concerns about being able to afford the cost of a county DWI lawyer’s fees, contacting local low cost DWI lawyers in Arkansas is often one of the best solutions to help prevent a DWI guilty plea or conviction – and keep legal fees free or to an absolute minimum.
If you’ve been charged with DWI, don’t hesitate to call us for the best free attorney consultation nearby on call 24 hours at 1-866-256-0566. Your future and peace of mind depend on it.
Local DWI Laws, 2023 – Arkansas DWI Statute Additional Legal References: