Are there any defenses available for DWI charges?
Yes, there are several potential defenses available for DWI (Driving While Intoxicated) charges in Pennsylvania. The most common defense is to challenge the accuracy of the Breathalyzer test. This type of test is used to measure an individual’s blood alcohol content (BAC) and the results are used as evidence in a DWI case. If it can be proven that the Breathalyzer was not properly calibrated, that the equipment malfunctioned, or that the person administering the test did not follow proper protocol, it is possible to challenge the accuracy of the results and have the charges dismissed. The amount of alcohol a person has consumed prior to being tested can also be used as a potential defense. If it can be proven that the individual was not intoxicated when they were driving, then the individual may be able to avoid a conviction. Medical conditions can also be used as a defense. For example, if it can be proven that a medical condition such as diabetes caused the individual to have a high BAC reading, even when they had not consumed any alcohol, then the individual could use this as a defense. Finally, police officers must have a valid reason to stop an individual’s vehicle or investigate them for possible DWI before they can administer a Breathalyzer test. If it can be proven that the officer did not have a valid reason for stopping the vehicle or investigating the individual, the charges can be dismissed.
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