If you are found operating a vehicle while intoxicated in North Carolina, then you will face a DWI charge – and that can come with significant penalties.

A Minnesota DWI can send you to jail, make you responsible for steep fines, and get your licenses revoked. It can also just simply make your life more difficult with added court costs and fees.

The good news is that if you’re staring down the barrel of a DWI charge, there are defenses you can use. An experienced attorney may be able to get your charges reduced or completely dropped.

Each case is different, but you are entitled to defend yourself against charges in court regardless of the circumstances of your case. Here are a few of the strategies that can be used to defend against a DWI.

The Burden of Proof in Minnesota

It’s important to understand that in DWI cases, the burden of proof lies with the prosecution. That means they must be able to prove to the court beyond a reasonable doubt that you were under the influence of a substance that impaired your ability to safely operate a vehicle

It’s the job of the defense to create doubt in the prosecution’s case. There are a variety of strategies many experienced lawyers use to do just that.

Common DWI Defense Strategies in Minnesota

The most commonly used DWI defense strategies include:

No Driving Occurred

Did the police observe you operating the vehicle you were in? If not, then it’s possible to get DWI charges dropped. So, if the officer saw you sitting in a car that wasn’t moving, then this defense might work. Of course, the specific details of the case are important to the success of this strategy.

Evidence to the Contrary

The officer who made your DWI arrest carries a lot of weight in court. Their observations are the evidence that you were incapable of safely operating a vehicle. Evidence that contradicts the testimony of the officer can be used to get the case against you dropped.

BAC Test was Compromised

In many cases, the ultimate evidence against you is a blood alcohol content sample. If the test was mishandled or compromised in some way in the evidence chain, then that could get this evidence thrown out. Without that sample, the case against you may simply fall apart.

There Was No Reasonable Suspicion

Sometimes, police officers simply don’t have the proper justification to pull someone over in the first place. When an officer does have proper justification, this is called reasonable suspicion. They must have it in order to stop you in the first place, as well as detain or arrest you. If there was no reasonable suspicion to stop you in the first place, then that may be an avenue to get the charges dropped.

Incorrect Procedure

Officers must follow certain procedures when arresting a person. If they fail to follow these procedures, then a case can be dismissed by a judge. Even something like results from an alcohol breath test administered at the scene can be thrown out by a judge if it was not properly administered.

If you were arrested, you should have also been read your Miranda rights. Failure to be advised of these rights is a violation of your constitutional rights, which is a great defense in the case against you if it occurred.

About the Author:

Andrew T. Poole is a Minnesota native who has served in the Army for more than 18 years and is currently a JAG lawyer in the Army Reserves in addition to serving as a partner at LaCourse, Poole & Envall. He has handled thousands of criminal and family law cases over the course of his career and has a firm belief that all hardworking Minnesotans should be entitled to the best possible legal counsel. Mr. Poole boasts a 10/10 Superb rating on Avvo, is Lead Counsel rated, and has been recognized multiple times by SuperLawyers, National Trial Lawyers, and others for his work.