Each DWI case presents its own issues and a variety of defenses that may be used. Generally there are certain defenses which can be successfully argued to get a DWI charge dismissed. Here I will discuss the defenses which are most commonly and successfully used.
1. Problems with the FSTS – If you consented to completing field sobriety tests they must be administered correctly. If a police officer fails to do this it can be used to defend against a charge of DWI.
2. Improper traffic stop – The police must have at a minimum reasonable suspicion in North Carolina in order to make a traffic stop. If the police did not have appropriate reasonable suspicion to stop you then the traffic stop was illegal and thus the charge must be dismissed.
3. Defendant was not driving the vehicle – In order to be convicted of a DWI it must be proven the defendant was actually driving the vehicle. This defense is usually used in cases where an accident occurred and police arrived at the scene after the occurrence of the accident.
4. Problems with the breathalyzer test- There are certain minimum standards that the machine must meet in order for the test to be valid. Some of these include proper calibration and inspection of the machine. If the machine did not meet these standards then the result of your test can be challenged.
5. Lack of Miranda warning – If you answered questions the police asked you which are incriminating those statements may be inadmissible in trial if proper warnings were not given.
