Did the police have a reason to stop you and charge you with DWI?

Last night the police pulled you over and charged you with driving while intoxicated (DWI). If the court finds you guilty, you could face prison time or community service. You could lose your license or have to drive with an ignition lock. If you are here on a Green Card, you could lose that too, especially if you have other convictions.

One possible defense you could use if you failed the tests is to prove the traffic stop was illegal. You need to show the officers had no valid reason to pull you over in the first place. These are some of the reasons the police may believe someone is drunken driving:

  • Speed: Have you ever seen someone who is drunk trying to drive? They tend to crouch over the steering wheel and drive at a snail’s pace.
  • Crashing: If you hit another car or nearly hit one, the police will want to know why.
  • Wandering across the road: In the same way that someone who has drunk a lot cannot walk straight, drivers tend to weave across the street if they have been drinking.
  • No lights: If you forget to put your lights on at night, the police are within their rights to pull you over for this.
  • Erratic driving: If you did not have smooth control of your car and advanced in a series of jerky movements.

If you were driving well and within the law, you may be able to show the officers did not have cause to pull you over.

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