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Challenging DWI/DWAI Cases

Posted by Arthur R. Frost | Jan 31, 2019 | 0 Comments

If you are charged with Driving While Intoxicated (DWI) by alcohol or Driving While Ability Impaired (DWAI) by alcohol or drugs, you may have been told you will be lucky to simply plead to a lesser charge. While some attorneys think a DWI/DWAI case isn't winnable, at Frost & Kavanaugh, we know that is just not the case. Of course, every case is different, but there are some common bases for challenging DWI/DWAI charges.

Challenging the Stop of the Car

Police are not permitted to simply pull cars over at random. Instead, they must have a legal basis for intruding on a person's privacy by pulling over their car. In every DWI/DWAI case, examining the basis for the stop is a critical part of the defense. If the police pull someone over for no reason, or for a reason not supported by law, any information discovered as a result of that illegal stop should be suppressed.

Challenging the Extent of the Detention

Even if someone is pulled over legally, this does not necessarily mean the DWI/DWAI is legally supportable. Police may, for example, pull someone over for speeding. However, this does not give police license to expand the scope of the stop beyond the original basis for the stop without additional indicia of illegal activity. If the police extend the stop beyond what is legally permissible, any additional information discovered as a result of the illegal expansion of the stop should be suppressed.

Challenging the Test Results

While not every DWI/DWAI charge is based on scientific testing that calculates the blood alcohol concentration of a driver or calculates the presence of illegal controlled substances in a person's blood, many charges are. In these cases, it is essential to carefully review the underlying data to determine whether the test results are reliable. If a control fails, or the instrumentation has not been properly calibrated, or if there is an issue with the collection of the sample, it can impact the integrity of the test results. However, if the test results are not carefully reviewed, the challenge may be lost. If a test result is unreliable, the test result should be suppressed or found insufficient to prove the case beyond a reasonable doubt.

Facing DWI/DWAI Charges?

If you are facing DWI/DWAI charges, you need an attorney familiar with criminal defense and DWI/DWAI laws on your side fighting for you. At Frost & Kavanaugh, Arthur Frost has extensive experience handling criminal cases and DWI/DWAI cases. Let his experience work for you. Call the office to schedule a consultation to discuss your personal situation today.

About the Author

Arthur R. Frost

Art graduated from Thomas More College in Merrimack, NH in 1991 with a B.A. in Philosophy, and graduated from Gonzaga University School of Law in Spokane, WA in 1995. He was admitted to practice in all New York State Courts and the United States District Court for the Northern District of New York in 1996. He w...


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