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Crimes

How to Beat a DWI Charge


— December 6, 2023

A DWI charge is costly and takes time to resolve.


DWI is a severe misdemeanor offense, and you could end up paying a fine of up to $6,000. You could also go to jail for a maximum of one year if you are a first-time offender and have no criminal record. Fortunately, you can successfully beat a DWI charge by partnering with an experienced DWI defense attorney who can help you identify legal flaws in the evidence the prosecutor provides. If you have recently been charged with a DWI, here are ways to defend yourself and beat the charges. 

  1. Check your ticket

The police officers will likely issue you a ticket and bond slip when charging you with a DWI. Be sure to carefully check the ticket to ensure it is filled with the correct information. Confirm that your name and accurate details are written on all documents the officer provides you. Note any errors in the police officer’s paperwork. Mistakes in the bond slip and ticket offer an excellent way for you to fight the DWI charge. 

  1. Hire an experienced DWI lawyer

Handling a DWI charge alone can be expensive and challenging, especially when you are unfamiliar with the law and your rights. For this reason, consider hiring an attorney to position yourself best to win the case.

A DWI defense lawyer can review the arrest documents to identify mistakes to help you build a strong case. An attorney can also help you confront witnesses and dispute probable cause, reasonable suspicion, and forensic evidence to increase your chances of winning the case. A lawyer will also inform you of the maximum and minimum penalties for your DWI charge and help you negotiate the best deal. Be sure to do your due diligence, read reviews, and seek referrals and recommendations to zone in on an experienced, reliable DWI defense lawyer. 

  1. Gather evidence

    Roadside intoxication test; image by Jeffrey Smith, via Flickr, CC BY-ND 2.0, no changes.
    Roadside intoxication test; image by Jeffrey Smith, via Flickr, CC BY-ND 2.0, no changes.

One of the most effective ways to prepare a solid case is by gathering sufficient evidence. You could have your defense attorney send out a  subpoena to the police officers asking for police reports, video footage, and other details relevant to your case. Requesting the police department for evidence does not only help your attorney prepare a solid case. If the evidence is destroyed, your defense lawyer will have a solid argument to get the charges against you dropped. 

  1. Prepare for trial

Be sure to view the police reports and discovery to adequately prepare for your trial. You should also ascertain your attorney has a copy of police reports, video footage, and NHTSA manual. 

If there are any witnesses to your case, ensure your DWI defense lawyer talks to them to determine whether or not they can testify on your behalf. Your attorney should then prepare them to testify to ascertain that you are on the same page. This reduces the chances that the witnesses could introduce testimony that could hurt your case. 

  1. Negotiate on a plea deal with the prosecutor

Before taking your case to trial, have your lawyer talk to the prosecutor, especially when facing multiple charges. You could be found guilty and face harsh penalties even with a solid defense case. By negotiating with the prosecutor, you could get the charges against you reduced. Proceed to take your case to trial if you do not like the prosecutor’s offer. 

Endnote

A DWI charge is costly and takes time to resolve. Be sure to partner with an experienced lawyer to increase your chances of winning the case. You should also gather sufficient evidence, prepare for trial, and negotiate with the prosecutor to beat a DWI charge.

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