What are the common elements of a DWI defense case?

The elements of a DWI defense case depend on the specific facts of the case as well as the applicable laws in the state in which the case is heard, such as Nebraska. Generally speaking, some of the common elements for a DWI defense case are: 1. Objectionable Conduct: This involves facts which detail the alleged driving behavior that led to the DWI charge. For instance, the defense may argue that driving was not impaired due to alcohol. 2. Lack of Probable Cause: The defense may argue that the officer did not have probable cause to stop the driver. If the traffic stop or sobriety test was conducted without sufficient legal justification, evidence may be excluded from trial. 3. Measurement of Intoxication: The defense may also argue that the tests administered to determine intoxication were not conducted correctly, if any, or that the results were inaccurate. 4. Lack of Intent: The defense may also argue that the driver had no intent to drive, drink, and drive, or otherwise act recklessly. 5. Constitutional Rights Violations: It is also possible that the defense may argue that the driver’s civil rights were violated in the process of the arrest or investigation. This may include violations of the Fourth, Fifth, Sixth, or Fourteenth Amendments. 6. Faulty Evidence: In some cases, the defense may argue that the evidence used to support the charge of DWI is invalid or unreliable. This may include breathalyzer tests, field sobriety tests, or blood-alcohol level test results. These common elements of a DWI defense case can be used to help prove that the driver was not driving under the influence or that the evidence is invalid. It is important to note, however, that the elements and strategies used in a DWI defense case will depend on the facts and applicable laws of the case.

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What are the common elements of a DWI defense case?

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