Being charged with driving while impaired in Minnesota (DWI, DUI, driving drunk or any related charge) can be frightening. Fortunately, these charges are commonly litigated cases and there are many effective strategies for planning your defense.
DWI defense strategies for common cases:
The blood alcohol concentration (BAC) test may not have been accurate. The breath test utilized in Minnesota to determine the legal limit is based on the principle of inferred absorption and is highly susceptible to contamination that will increase the reported result of any BAC test.
Common causes of breath test contamination can stem from:
- Acid reflux disease or gastro esophageal reflux disease.
- Inhalation and absorption of chemical fumes such as paint, kerosene, any form of fuel, cigarette smoke, solvents or volatile chemicals.
- Substances in the mouth at the time of testing such as chewing tobacco, alcohol regurgitation, cigarette smoke.
- The police may not have had the requisite reasonable suspicion to believe that criminal activity was happening when they stopped the vehicle.
- The police may not have had the requisite probable cause to believe that the driver was under the influence when they arrested the driver.
- The police officer may not have vindicated the driver's right to pre-testing advice from an attorney of the driver's own choosing.
- The police officer may not have satisfactorily informed the driver of his/her rights and obligations when making a decision about testing.
- The police officer may have unlawfully coerced the driver into making a decision about testing.
- The person arrested may not have actually been driving, operating or in physical control of a motor vehicle at the time.
- The police may have prevented or denied the driver's ability to obtain an independent chemical test.
Find out more about building your defense with these common case strategies. Contact Eric J. Olson.