Are there any legal defenses to a DWI arrest?

Yes, there are legal defenses that can be used in a DWI arrest in Nebraska. One such defense is known as the “innocent driver defense.” This defense argues that the driver was unaware that they were under the influence of alcohol or drugs. For example, an innocent driver defense might show that the driver was given an adulterated drink or had unknowingly ingested a drug without realizing its intoxicating effects. Another common defense is the “unreliable evidence defense.” This defense argues that the evidence used to establish impairment in a DWI case is unreliable. This might include questioning the accuracy of a Breathalyzer test or the validity of a witness’ testimony. The “necessity defense” is also available in Nebraska DWI cases. The necessity defense argues that the driver was forced into a situation where breaking the law was the only option to avoid harm to themselves or another person. Finally, a “violation of rights” defense can be used to challenge the validity of a DWI arrest. This may include arguing that the driver’s constitutional rights were violated during the arrest or that police acted with excessive force or without cause. Each of these defenses must be evaluated on a case-by-case basis and may require the assistance of a knowledgeable attorney. If a person is facing a DWI charge, they should consult with a legal professional to explore all legal options and develop the best possible defense.

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Are there any legal defenses to a DWI arrest?

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