Common Defenses for First-Time DWI Charges
Jan. 7, 2025
Drunk driving is one of the most frequently prosecuted crimes in Arkansas and across the United States. If you’re charged with a first-time DWI, you’re not alone. Many people find themselves in this situation, and it can feel overwhelming.
However, being informed about potential defenses can help you negotiate the legal process and protect your rights. That’s when you can turn to the James B. Bennett Law Office.
As a DWI defense lawyer based in El Dorado, Arkansas, I have extensive experience helping clients throughout South Arkansas fight these charges. Every case is unique, but several common defenses can be effective in challenging DWI accusations. By understanding these options, you can approach your case with greater confidence and preparation.
Questioning the Traffic Stop
One of the first aspects of a DWI case that can be challenged is the legality of the traffic stop. Police officers must have a valid reason, known as reasonable suspicion, to pull you over. Here are some relevant factors:
If the officer lacked reasonable suspicion, any evidence obtained during the stop could be inadmissible in court.
Examples of invalid reasons might include pulling you over solely based on a hunch or without witnessing a traffic violation or erratic driving.
A successful challenge to the stop can weaken the prosecution’s case significantly.
It’s critical to analyze the circumstances surrounding your traffic stop with the help of an experienced lawyer. An unlawful stop may lead to a dismissal of the charges against you.
Contesting Field Sobriety Tests
Field sobriety tests are often used by law enforcement to establish probable cause for a DWI arrest. These tests, however, aren’t always accurate or reliable for these reasons:
Factors such as medical conditions, poor road conditions, or even nervousness can affect your performance on these tests.
Common tests, like the walk-and-turn or one-leg stand, require balance and coordination that may be impacted by non-alcohol-related issues.
The National Highway Traffic Safety Administration (NHTSA) itself acknowledges that these tests aren’t foolproof.
A skilled attorney can question the reliability of these tests, especially if the officer didn’t administer them properly or consider external factors.
How Accurate Are Breathalyzer Results?
Breathalyzers are widely used in DWI cases, but their results aren’t foolproof. As these devices rely on proper maintenance, calibration, and usage, errors can compromise their accuracy. Common errors include:
Improper calibration: Devices must be calibrated regularly, and missed maintenance can result in inaccurate readings.
Human error: Officers administering the test may fail to follow the required procedures.
Medical conditions: Health issues like GERD, diabetes, or acid reflux can lead to false positives.
Interfering substances: Mouthwash, breath mints, or certain medications can affect test results.
Residual alcohol: If you recently consumed alcohol or used certain products, it could impact the reading.
Machine defects: Even small malfunctions can cause significant inaccuracies.
A skilled attorney will review maintenance records, device performance, and administration procedures to challenge faulty results.
Examining Blood Test Procedures
In some cases, blood tests are used to determine BAC. While considered more accurate than breath tests, blood tests can also be contested for some of these reasons:
Errors during the collection, storage, or analysis of the blood sample can lead to inaccurate results.
Contamination of the sample or failure to maintain the chain of custody can render the results invalid.
Lab technicians must follow strict protocols, and deviations from these standards can be grounds for a challenge.
A thorough review of the testing process can uncover procedural mistakes that undermine the prosecution’s case.
Highlighting Medical or Physical Conditions
Certain medical or physical conditions can mimic signs of intoxication or interfere with test results. For example:
Acid reflux or gastroesophageal reflux disease (GERD) can cause alcohol from the stomach to rise into the mouth, affecting breathalyzer readings.
Diabetes can result in the production of acetone, which some devices may mistake for alcohol.
Neurological conditions, such as inner ear disorders, can impair balance and coordination, affecting field sobriety tests.
These conditions can create reasonable doubt about whether you were truly impaired. Providing medical evidence to support your defense can be a powerful tool in your case.
Are the Officer’s Observations Accurate?
DWI arrests often rely on officers’ observations, such as slurred speech or bloodshot eyes, to justify charges. However, these observations are subjective and can be explained by factors unrelated to alcohol:
Bloodshot eyes: This can be caused by allergies, lack of sleep, or exposure to irritants like smoke.
Slurred speech: Fatigue, nervousness, or natural speech patterns may be mistaken for impairment.
The smell of alcohol: This only indicates consumption, not intoxication.
Unsteady movements: Stress, medical conditions, or uncomfortable footwear can affect balance.
Erratic driving: Distractions, road conditions, or unfamiliarity with the area might explain unusual driving behavior.
Challenging these observations in court can weaken the prosecution’s case against you.
Identifying Procedural Errors
Procedural missteps during a DWI arrest can significantly affect the validity of the charges against you. Law enforcement officers are required to follow strict guidelines, and any failure to do so could result in evidence being excluded or the case being dismissed. Key errors to look for include:
Failure to read Miranda rights: If you’re placed under arrest, the officer must inform you of your rights, including the right to remain silent and the right to an attorney. If this doesn’t happen, statements you make may not be admissible.
Improperly conducting sobriety tests: Officers must administer field sobriety tests according to specific standards. Deviating from these protocols can make the results unreliable.
Mishandling evidence: Breath and blood test samples must be properly collected, stored, and analyzed. Chain of custody errors or contamination can compromise the evidence.
Incorrect paperwork: Errors in police reports, warrants, or documentation can weaken the case against you.
Lack of implied consent explanation: In Arkansas, officers must inform you of the consequences of refusing a chemical test. Failure to do so can be grounds to contest the evidence.
Unlawful detention: If the officer prolonged the stop without valid cause, it could be deemed an illegal detention, affecting the evidence obtained during that time.
Each procedural error represents an opportunity to challenge the charges. By reviewing every aspect of the arrest, your attorney can identify mistakes that undermine the prosecution's case.
If any of these missteps occurred during your DWI arrest, they could make a significant difference in your defense. A detailed investigation into the officer’s actions and the handling of your case is crucial to protecting your rights and achieving the best possible outcome.
Exploring Alternative Explanations for Behavior
Many DWI arrests are based on an officer’s observations, such as slurred speech, unsteady movements, or erratic driving. However, these behaviors can often be explained by factors unrelated to alcohol. Demonstrating these alternative explanations can help create reasonable doubt in your case. Some common factors include:
Fatigue: A long day at work or a late night can leave you exhausted, which might affect your coordination or alertness.
Stress or anxiety: Being pulled over can be a stressful experience, and nerves may cause trembling, stammering, or other signs officers associate with impairment.
Medical conditions: Chronic illnesses, such as diabetes or neurological disorders, can mimic signs of intoxication, such as confusion or impaired motor skills.
Medication side effects: Many over-the-counter and prescription drugs can cause drowsiness, dizziness, or difficulty concentrating, all of which could be mistaken for impairment.
Allergies or irritants: Bloodshot or watery eyes may result from allergies, smoke exposure, or other environmental irritants, rather than alcohol consumption.
Physical discomfort: Wearing restrictive clothing or uncomfortable shoes can make movements awkward, particularly during field sobriety tests.
Driving distractions: Fumbling with a GPS, responding to a phone alert, or adjusting the radio can cause momentary swerves or other actions that might appear suspicious to officers.
By presenting credible evidence of these alternative explanations, your lawyer can challenge the officer’s interpretation of your behavior. This evidence might include medical records, testimony from health professionals, or even proof of a stressful day leading up to the incident.
Demonstrating that your behavior had innocent causes unrelated to alcohol consumption can weaken the prosecution’s case and increase your chances of a favorable outcome.
Contact Us Today
If you’ve been charged with a DWI, it’s important to take immediate steps to protect yourself. With decades of experience serving clients throughout South Arkansas, I understand the stakes, and I’m here to provide the personal and results-driven support you need to protect your rights. Call my office, James B. Bennett Law Office, to schedule a free consultation today.