Are there any legal defenses to a DWI arrest?

Yes, there are legal defenses available to those who are arrested and charged with driving while intoxicated (DWI) in California. Depending on the circumstances, a driver charged with DWI may be able to challenge the police officer’s probable cause for the traffic stop, the accuracy of the field sobriety tests, or the results of a blood alcohol test. In California, it is illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08 percent or higher. If a driver was not properly read their Miranda rights, the statements they gave to law enforcement may not be admissible in court. Additionally, a driver may be able to raise the defense of necessity if they can show that they drank alcohol in an effort to avoid an imminent threat or danger, such as to drive a passenger to the hospital in an emergency. A driver may also be able to use the defense of insanity if it can be demonstrated that they were unable to appreciate the wrongfulness of their actions due to mental illness. Furthermore, if a breathalyzer device was not properly calibrated or administered, defense attorneys can argue that the test results were inaccurate or unreliable. Ultimately, the individual facts and circumstances of every DWI case are unique and there may be any number of potential defenses available. To determine the best defense strategy for a particular case, it is wise to speak with a qualified DWI attorney who can explain the details of the law and provide legal advice.

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Are there any legal defenses to a DWI arrest?

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