A DWI arrest or other alleged drunk driving crime can change the course of a Missouri resident’s life. Aside from the stigma that may attach when their loved ones and community members find out what they have been charged with, a person facing DWI claims may lose their license and face criminal sanctions if they are convicted. Therefore, getting beyond a DWI charge without letting it affect one’s life should be prioritized and fought for with legal help.
When preparing to face one’s pending legal troubles it can be helpful to know about possible defense strategies that may serve their needs. With regard to DWI and drunk driving crimes, a number of defenses may be recognized by the courts. These defenses can be affirmative and admit that the driver operated their vehicle while drunk; they may also be standard defenses that refute assertions that the driver was intoxicated and behind the wheel of their car.
Affirmative defenses do not try to overcome claims that a driver was intoxicated but rather attempt to explain why a driver undertook to drive after drinking alcohol. A person may assert that they had to drive to avoid a more dangerous scenario, that they were forced to drive due to the imposition of duress, or that they did not know that they were drinking alcohol before they go behind the wheel to drive.
Non-affirmative defenses can also be used and they can include mistakes made by police officers, testing labs, sobriety tests, and chain of custody problems. Drivers who can create holes in the evidence presented by prosecutors can often overcome their drunk driving charges. Not all defenses apply to all DWI cases and therefore individuals should speak with their attorneys about how best to prepare themselves for their DWI trials.