Ten Ways To Challenge A DWI/DUI Charge

To challenge a DWI (Driving While Intoxicated) or DUI (Driving Under the Influence) charge in Rhode Island, a strategic approach is needed to examine the specifics of the arrest process and the evidence gathered by law enforcement.  Understanding Rhode Island’s specific legal standards and procedures for DUI/DWI charges is essential for developing a solid defense strategy that questions the prosecution’s case on technical, procedural, or substantive grounds.

Considerations Involved In Trying To Challenge A DUI/DWI Charge

Below are ten (10) strategies that your defense attorney might use to challenge a DUI/DWI charge in Rhode Island:

  1. Challenge the Traffic Stop: The defense can argue that the officer did not have a valid reason (reasonable suspicion) to make the initial traffic stop. Your attorney should review the circumstances surrounding your traffic stop and arrest. If the officer did not have a valid reason to stop your vehicle, your attorney may file a motion to suppress evidence obtained during the stop. If successful, this can lead to the dismissal of the DUI charges.
  2. Question The Field Sobriety Tests: The accuracy and administration of field sobriety tests can be challenged, primarily if they were not conducted correctly or if there are factors (such as medical conditions) that could affect the results. Your attorney may successfully challenge the officer’s adherence to proper procedures during these tests.
  3. Dispute the Accuracy of Breathalyzer Tests: The defense might be able to question the calibration and maintenance of the breathalyzer device and the administration of the test.
  4. Blood Test Reliability: If a blood test was administered, the defense might challenge the handling, storage, and analysis of the sample.
  5. Rising Blood Alcohol Concentration: Arguing that the defendant’s Blood Alcohol Concentration (BAC) was below the legal limit while driving but rose to an illegal level by the time the police administered the test.
  6. No Driving or Actual Physical Control: Demonstrating that the defendant was not driving or physically controlling the vehicle at the time of the alleged offense.
  7. Necessity: Arguing that the defendant had to drive under the influence to avoid a greater evil, though this defense is rare and difficult to prove.
  8. Duress: Claiming the defendant was forced to drive under the influence due to immediate threat or harm.
  9. Mistake of Fact: Arguing that the defendant had a reasonable belief that they were not under the influence or their ability to drive was not impaired.
  10. Improper Police Conduct: Evidence obtained through improper or illegal police conduct can be suppressed, including violating the defendant’s rights during the arrest or questioning.

Contact our Rhode Island Criminal Defense Attorney

It is crucial to engage a qualified attorney if you find yourself facing DUI or DWI charges. An experienced criminal defense attorney can provide advice tailored to the specifics of your case, including the laws of Rhode Island, and ensure that the individual’s rights are safeguarded throughout the legal process. Legal strategies should provide a fair process while the individual takes responsibility for his actions to prevent future issues concerning a DWI/DUI charge. Palumbo Law has experienced criminal defense attorneys who will work hard to ensure that the authorities and the legal system treat you fairly and your rights are protected. Contact us today.