Are there any legal defenses to a DWI arrest?
Yes, there are legal defenses to a DWI arrest in Arkansas. Generally, these defenses focus on proving that the person’s blood alcohol concentration (BAC) was not above the legal limit or that the police officer did not have probable cause to arrest the person. Depending on the circumstances, the defendant might even be able to prove that an essential element of the offense, such as the presence of alcohol in the person’s system, is missing. Defendants can also raise legal defenses related to the validity of the arrest or the accuracy of the test results. This means they could challenge the validity of the traffic stop, the accuracy of the breathalyzer test, the chain of custody of blood samples, the accuracy of the field sobriety test, or whether the test was properly administered. In some cases, defendants may even be able to argue that the intoxication was involuntary. For example, a defendant might be able to prove that their intoxication came from a medical condition or a medication they were taking. It’s important to note, however, that these defenses must be raised during the trial in order to be effective. Therefore, it is important to seek the help of an experienced criminal defense attorney to ensure that all legal defenses are taken into consideration when fighting a DWI charge in Arkansas.
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