If you are a first-time or repeat offender recently charged with driving while under the influence, your first concern may be whether hiring a DWI lawyer is necessary. Fines for first-time and repeat offenders vary greatly and can climb into the thousands. You may also be facing potential jail time and a suspended license, which are two serious consequences that could cause you to lose your job and ultimately impact your financial livelihood. If guilt is established either by a jury trial or your own plea, the penalty you receive depends on the specific state law in which the incident occurred. Some states require mandatory jail time, even for a first offense. Here are six defenses your attorney may consider after evaluating your specific case.
1. Illegitimate Stop
One of the most commonly used defenses in drunk driving cases, your DWI lawyer could claim an illegitimate stop after evaluating the circumstances surrounding why the police officer pulled you over in the first place. If the officer did not have probable cause to make the initial stop, you may have a valid defense. Probable cause could include a traffic violation, an easily viewable defect in your car’s safety equipment, or some type of driving movement that could indicate that you are driving while intoxicated.