Do I Need an Attorney for a DWI?

Many people believe there is no reason to obtain an attorney when they are charged with Driving While Intoxicated (DWI).

How can I fight my DWI case?

There are several ways you can challenge your DWI case. Most of these challenges involve understanding the United States and Minnesota Constitutions. This article lists some of the ways a DWI case may be challenged.

Traffic Stop or Seizure

A law enforcement officer can only pull an individual over if they have a reasonable suspicion of criminal activity or probable cause. In many DWI cases, a driver is stopped initially because they committed a traffic violation. However, sometimes law enforcement may stop a driver without sufficient reason. If the driver can show that they were stopped without a proper reason, all the evidence can be thrown out and the charges can be dismissed.

Expansion of the Traffic Stop

Law enforcement must have at least reasonable suspicion that a driver is intoxicated to conduct a DWI investigation. Usually, this involves the officer observing an odor of alcohol, bloodshot and watery eyes, slurred speech, or other signs of intoxication. If the officer does not have reasonable suspicion to conduct a DWI investigation, any evidence obtained because of the investigation may be thrown out. The charges could also be dismissed.

The Breath Test Process

In most DWI cases involving alcohol, the police officer will have the suspect take a breath test. To make sure the breath test is reliable, the officer must do many things, including conducting an observation period, checking the suspects mouth for foreign objects, and making sure the suspect understands the breath test advisory. A suspect also has the right to consult with an attorney prior to taking the breath test. If the officer does not do one of these things correctly, the breath test result may be thrown out of court.

See this Minnesota DWI page for additional information about DWI cases.

This article only lists some of the challenges one can make in a DWI case. You should consult with an experienced DWI attorney to determine what arguments you may have in your DWI case.

The attorneys at Sieben & Cotter have been successful in fighting DWI cases. If you have been charged with DWI, act quickly. Call Sieben & Cotter at 651-455-1555 to arrange your free and comprehensive consultation, or send a request for more information.