Are there any legal defenses to a DWI arrest?

Yes, there are legal defenses that may be available to a person who has been arrested for driving under the influence (DUI) in Washington. DUI cases are often complicated and the laws regulating them are complex. A defense attorney will work to find any weaknesses in the prosecution’s case as they relate to the specific facts of the case. One legal defense to a DUI arrest is to contest the officer’s observations that a person was driving while impaired. This defense typically requires the defendant to show that their driving was affected by factors such as weather, fatigue, and medication, but not because of alcohol or drugs. Another common defense is to challenge the validity of the Breathalyzer test, as well as its results. If the officer did not properly administer the test or the results are not reliable, the results of the test may be inadmissible in court. Finally, a defense attorney may argue that law enforcement did not have probable cause to stop the defendant’s car in the first place. This means they must show that the arresting officer did not have a reasonable suspicion that a crime had been committed or that the driver was under the influence of alcohol or drugs. A knowledgeable defense attorney will be able to look for these and other possible defenses to a DUI arrest and present them to the court for consideration.

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