Two DWI Defenses That Don’t Work and Two That Will

After pulling over a driver for suspected DWI, the police often hear an assortment of excuses for why. The police have heard them all and there are two defenses in particular that never work. Instead, you will need to speak with a DWI defense attorney about defenses that actually will work.

1. I Got Drunk off Something Else


One of the oldest excuses is to blame mouthwash. While it's true that mouthwash contains alcohol, most Americans don't use mouthwash, and those who do are unlikely to use it throughout the day enough to trick a breathalyzer. Also, if you recently had food prepared with alcohol, this is also not an effective defense because you must usually consume a large quantity of food prepared with beer or wine to become legally drunk.

2. I Was Less Drunk Than My Friends

When a group of friends goes out for a few drinks, one might choose to be the designated driver. However, the designated driver might also have a few drinks. When pulled over, the designated driver might attest that he or she was less drunk than his or her friends. However, in these situations, the entire party should call another driver who is sober such as a taxi driver.

Proper DUI Responses

Fortunately, with the help of an experienced DWI defense attorney, you can craft a proper defense that could have your charges reduced or dropped. For example, you might argue that the police stop was not a proper stop. A police officer must have reasonable suspicion before pulling a driver over. 

Even if you are pulled over properly, the police officer must follow protocol when performing a field sobriety test. For example, while an officer could lie and state that you must perform a field sobriety test, you have the right to refuse. If the officer forces you to take a breathalyzer test by forcing you to breathe in it, you may use this as an excuse to have your charges dropped. The officer also must not attempt to intimidate you or show disrespect.

If you choose to undergo a blood test, which can be more accurate than a breathalyzer test, the blood test sample must be stored properly. Otherwise, the blood sample can degrade and will not be valid. If you manage to craft an effective defense with your DWI defense attorney, you may be able to avoid any fines, jail time, and license suspensions associated with the DWI incident.