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A DWI Attorney May Help Beat A Case Based On Lack Of Probable Arrest Cause

People arrested for a DWI may see jail time if they can't find a successful defense for their case. This situation is scary and requires a high-quality attorney to defend. For example, these experts can help a person who was arrested without probable cause.

Jail Time for a DWI Can Be Scary

A DWI is often defined as a person drinking and driving or driving while using another drug, such as marijuana. When a person is pulled over for this crime, they are likely to experience a myriad of potential punishments. For example, those who have a very high blood alcohol level, or BAC, and who use a very dangerous substance may find that they are looking at jail time for this crime.

Unfortunately, even a few months in jail can be very uncomfortable for most people to handle. It will take them out of their job and out of their home. Some may end up breaking up with their partner if this jail time is too challenging to tolerate. As a result, it is critical for those in this position to contact a lawyer to defend themselves. One method that may work is to prove that there was no probable cause for their arrest.

Improper Arrest Procedures May Be a Valid Defense

Although challenging a police officer's probable cause for arrest isn't always successful, for those who were drinking and driving, it may be their best defense. For example, if the driver had not committed any other driving offense — such as speeding or behaving erratically — the police officer cannot pull them over. And they cannot give BAC tests without a probable cause.

As a result, those who were not breaking any other traffic laws while under the influence may have a chance of a successful defense. All they have to do is prove that their driving behavior did not warrant suspicion. Even if that person was under the influence, a lack of a probable cause for arrest means that it was illegitimate and that the case must be dropped.

The tough part about this defense is that it forces the driver to challenge the police officer's perception of events. With the help of an attorney, it may be possible to gather evidence that proves it. For example, eyewitnesses can claim that the driver was not breaking any laws when arrested or behaving in a way that indicated intoxication. Video footage, if possible, can also be used to prove this type of case.

For more information, reach out to a DWI attorney in your area.