A person who is in charge of OWI or “Operation While Being Intoxicated” can possibly face harsh penalties, license suspension or cancelation, fines, defamation, and jail. However, by pointing out weaknesses in the prosecution’s case or in the law enforcement protocols, a skilled criminal defense lawyer can contest OWI charges. To defend their clients against OWI accusations, lawyers in Ingham County frequently use a number of legal defenses. These are some of the defenses that Ingham County criminal attorneys frequently use in OWI cases.
Arguing that the initial traffic stop was illegal is one of the most basic defenses in an OWI prosecution. Before halting a car, law enforcement must have a solid suspicion that the driver has broken the law or is involved in some other type of illegal conduct.
Any further evidence, including the findings of any chemical or field sobriety tests, may be withheld if the officer is unable to provide a legitimate justification for the stop, which would hurt the prosecution’s case.
Drivers’ physical and mental capacities are evaluated through field sobriety testing in order to identify impairment. These tests are infamously subjective, and incorrect results might arise from inadequate lighting, inclement weather, uneven roads, or the physical state of the driver.
Defense counsel may contend that extraneous influences rendered the results inaccurate or that the claimed FSTs were given incorrectly.
Authorities frequently use breathalyzer tests to find the alcohol content in the blood. However, the machine can show wrong readings if it is not maintained or calibrated. To prove the innocence of their client, Ingham County criminal attorneys can challenge the accuracy and correctness of the device, and they can claim that readings were a result of improper handling, poor calibration, and gadget failure. This can call into question the prosecution’s drunkenness testimony.
Even though blood tests are frequently seen as more accurate than breath testing, errors can nonetheless occur. Results could have been erroneous if the blood sample had been handled carelessly, infected, or kept incorrectly.
Under legal norms, Ingham County’s criminal attorney might also dispute whether the blood collection was done by an authorized doctor, especially if the sample’s chain of custody is uncertain.
The “rising BAC” argument suggests that when the driver was actually driving, the alcohol level in the blood was okay and not over the limit. But, by the time they were tested, their alcohol level had gone up and showed they were over the limit.
This happens because alcohol doesn’t get into the blood right when you drink it. So, it might look like the driver was drunk during the test when they weren’t.
Law enforcement may make mistakes when interpreting symptoms of drunkenness due to the similarity of some medical illnesses. For example, speech difficulties, confusion, or an alcoholic breath odor from any disease can be signs of illnesses like diabetes, low blood sugar, or acid reflux.
Evidence of these circumstances can be shown by an experienced Ingham County criminal attorney to refute the notion that the motorist was intoxicated.
Artificially high breathalyzer test readings can result from using mouthwash or breathe spray, having GERD, or having alcohol residue in your mouth from recent use. Attorneys may contend that the breath test findings were influenced by residual oral alcohol rather than actual blood alcohol content.
Police officers often arrest people for driving under the influence based on signs like slurred speech, red eyes, or the smell of alcohol. However, these signs aren’t always reliable indicators of being drunk. An Ingham County criminal attorney could argue that the officer made a mistake or incorrect observations.
Another technique for determining BAC is urine testing. It is less frequently utilized in OWI cases. Urine samples are often considered less accurate than blood or breath tests because they are more easily contaminated. As a result, urine analysis may not accurately reflect the alcohol content in the body when driving.
The prosecution might have trouble proving that the defendant was driving under the influence in certain situations. For example, if the defendant was found by the police outside or in a parked car, it might be difficult to establish their driving behavior.
A criminal attorney could argue that there isn’t sufficient evidence to show that their client was operating a vehicle at the time of the alleged offense.
Ingham County criminal attorneys with experience know that even small weaknesses in the prosecution’s case can result in the charges being dropped or reduced. To safeguard their client’s rights and pursue the best possible result in their OWI cases, lawyers present strong defenses.
Get a strong defense by hiring attorneys from Kareem Johnson’s Law firm. If you or anyone you know is charged with OWI, you can visit our website and get the legal help you need.