You may have heard of people that got a DWI even if they were completely sober or didn’t have a single drink that day. There are also people who, even though driving while intoxicated, got a DWI wrongfully, so to speak.

This is why, in the following lines, we’ll do our best to teach you what you should be doing until the first appointment with a DWI defense lawyer. Namely – some tips and tricks that you can use to avoid getting a conviction!

Probable Cause to be Pulled Over

When an officer pulls you over and wants to test you for a DWI, they must also have probable cause to stop you in the first place. This means that, if the officer had no actual reason to stop your vehicle, all of your future DWI charges/convictions will most likely be dropped.

Why? Because the law states that officers must have reasonable suspicion to stop a vehicle. If they don’t, they engage in illegal procedures!

Unreliable Breath Tests

Despite being commonly used, breath tests are known to be rather unreliable when it comes to showing the facts. Many things can influence the result of such a test and, therefore, a DWI conviction.

For example, the officer may not use the test properly or the latter may not work as it should. Moreover, the driver’s acid reflux can also change the outcome of the test.

If convicted, make sure that your lawyer takes a good look at how the officer performed the breath test. He or she may find some irregularities!

Driving “While” Intoxicated

Naturally, for you to be eligible for a DWI conviction, you must be driving while intoxicated. This doesn’t apply if the police find you drunk in your vehicle, but not driving. 

For example, if you get involved in an accident and there’s no proof that you were driving the vehicle, then you may easily skip DWI charges. 

High BAC – Low Level of Impairment

As mentioned above, breath tests can fail! This means that, in most cases, you will be found with a rather high BAC even if you’ve had one drink only or none at all. In this case, you may be asked to perform a field sobriety test so that the officer can assess your level of impairment.

If the sobriety test shows little to no impairment or slight impairment, then the evidence provided by the breath test is considered null/unreliable in court. 

“Rising Blood Alcohol”

This is probably one of the most common ways people use to get out of a DWI. Let’s see how!

Alcohol takes up to three hours to fully absorb into your system. This means that your BAC level upon being tested might be higher than when you were driving. Your BAC while driving might have been well under the illegal limit.

If you’re certain that you weren’t impaired at all while driving, then you can rely on the rising blood alcohol defense. 

The Bottom Line

Most of the time, people who want to get out of a DWI are people that are either sober or have had one or two drinks. After all, drunk and impaired people can rarely offer pertinent explanations to traffic officers.

As such, make sure to remember the tips mentioned above for the next time you’re being pulled over!