OWI Attorney: Defense Strategies
If you've been cited for Operating While Intoxicated (OWI), the penalties can be serious, including fines, insurance rate increases, jail time, and a criminal record. When charged with an OWI, it's important to have an experienced attorney who can help you navigate the legal system and develop a strong defense strategy.
Here are some of the defense strategies an OWI lawyer might use when building a defense.
Evidence, Probably Cause, or Control
Because the consequences are so harsh, the burden of proof to make an OWI charge is understandably high. An experienced OWI attorney can challenge the evidence and the law enforcement officers who cited you for the OWI charge.
- Question the Evidence: this may include questioning the accuracy of the breathalyzer or blood test that was used to determine your blood alcohol content (BAC) or the qualifications of the officer who administered the test. If the attorney can successfully challenge the evidence, the charges against you may be reduced or dropped.
- Probable Cause: in some OWI cases, the officer who made the arrest might not have had probable cause to pull you over or arrest you. This may include arguing that the officer did not have a valid reason to suspect that you were operating while intoxicated or that the officer violated your constitutional rights during the arrest. Body camera evidence or other recordings of the event can be instrumental in challenging probable cause. Thus, you should share any evidence you have with your OWI attorney.
- Control: an OWI attorney may also argue that you were not in actual physical control of the vehicle. This means that you did not have the ability to operate the vehicle, even though you were inside it. For example, if you were sleeping in the car, or if the keys were not in the ignition, this could be used as a defense.
Make it Difficult to Prosecute
Many OWI cases end with a quick guilty plea, in exchange for an expedited conclusion to the case and slightly reduced charges. However, if your OWI attorney can make it difficult for the prosecutor to convict you, they might be willing to make a better deal.
- Bargaining: your OWI attorney may explore plea bargain options with the prosecutor. This may include pleading guilty to a lesser charge, such as reckless driving, in exchange for reduced penalties. This can be a good option for those who want to avoid the risk of a trial and the possibility of harsher penalties.
- Affirmative Defense: your OWI attorney can also build a defense case around the idea that you were not intoxicated while operating the vehicle. This evidence might include prescription medication, testimonials from your health care provider, and/or evidence that shows your ability to operate the vehicle erratically might stem from a different cause.