Defenses to your DWI case
Each DWI case has its own unique set of facts and circumstances that will determine which defenses you can be protected by. A DWI conviction has many elements that can be challenged in court. For example, an officer must follow a very strict process in order to collect evidence to use against you. The reliability of that evidence can be questioned as well as the validity of the police officers suspicion that you were drunk driving in the first place. Also, proper functioning of the Alcotest® 7110 is of premier importance. If the testing officer moved the breathing tube too quickly, did not replace the tip, failed to obtain a proper breathe sample, you may have been victim of an inaccurate test and thus wrongfully charged of a DUI. In addition to the functioning of the machine, the testing officer must observe you for a period of 20 minutes before allowing you to breathe into it to make sure nothing is done to alter or skew the results. Failure to do so may result in your case being dismissed. Again, each DWI case is different and the defenses used will depend on your individual set of facts.
To determine which defenses may be available to you in your DWI, DUI, or refusal case, contact experienced DWI defense attorney Carmine R. Villani, Esq. for a free initial consultation.