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What are some common defenses against DWI charges

What are some common defenses against DWI charges in Jefferson County, MO?

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Being charged with Driving While Intoxicated (DWI) in Jefferson County, Missouri, can have serious consequences. However, those accused of DWI do have several defense options at their disposal. These defenses may challenge the circumstances surrounding the arrest, the validity of evidence, or the protocols of the arresting officers. Each defense is tailored to the specifics of the arrest and the evidence presented by the prosecution.

An individual may question the accuracy of the breathalyzer test, which is a common method used to measure blood alcohol concentration (BAC). Calibration errors, improper handling, or even physiological conditions of the defendant can lead to flawed results. Factors such as poor weather, uneven surfaces, and physical impairments can affect the performance on these tests, potentially rendering them unreliable.

Table of Contents

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  • Legal Defenses Against DWI Charges
    • Challenging the Traffic Stop
    • Questioning Test Accuracy
    • Arguing Constitutional Violations
  • Navigating DWI Proceedings
    • Understanding Plea Bargains

Legal Defenses Against DWI Charges

Individuals often seek legal help for DWI charges in Jefferson City, to navigate the complex judicial process. A knowledgeable DWI lawyer may employ a variety of defenses to protect the accused’s rights and challenge the charges.

Challenging the Traffic Stop

One common legal defense is challenging the validity of the initial traffic stop. A Jefferson County DWI attorney can argue that the stop was made without probable cause, meaning there was no sufficient reason for law enforcement to believe that a traffic violation or criminal activity was occurring.

Questioning Test Accuracy

Another defense involves questioning the accuracy and administration of breathalyzer or blood tests used to determine intoxication levels. Inconsistent or flawed testing processes can significantly impact the case outcomes.

  • Breathalyzer Calibration: Defense attorneys may request records to show whether the breathalyzer was properly calibrated and maintained.
  • Blood Test Handling: The chain of custody for blood samples can be scrutinized to ensure there were no mishandlings that could compromise the results.

Arguing Constitutional Violations

Lastly, asserting constitutional violations can be a strong defense. Defendants have rights that must be respected throughout the DWI investigation and arrest process. In each case, a dedicated DWI lawyer in Jefferson County, MO, is essential for mounting a credible defense based on these tactics.

Navigating DWI Proceedings

When facing a DWI charge in Jefferson County, MO, understanding the procedural aspects is crucial. Navigating these proceedings often involves considering plea bargains and preparing for trial with the assistance of a DWI lawyer.

Understanding Plea Bargains

A plea bargain is an agreement where the defendant pleads guilty to a lesser offense in exchange for a more lenient sentence or the dismissal of certain charges. Key Considerations for plea bargains in DWI cases include:

  • Legality: Ensuring the plea is legally acceptable and properly documented.
  • Consequences: Weighing the benefits and drawbacks of the plea, including impact on driving privileges and criminal record.

DWI lawyers in Jefferson County, MO, may negotiate plea bargains on behalf of their clients to secure favorable outcomes while considering all legal implications. Lawyers can offer indispensable guidance through this phase, ensuring that the defendant’s rights are protected and that they are presenting the strongest possible defense.

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