Most people presented with a driving while intoxicated (DWI) charge don’t know where to begin defending themselves. The whole experience of getting pulled over and arrested might seem like a blur. However, every person accused of a crime has the right to legal representation and the right to defend themselves. Here are 2 possible defenses that could help you avoid a conviction.
Illegal Search & Seizure
You have a constitutionally protected right to your privacy. The only way a police officer can pull you over and search your car is if he or she has probable cause to do so. If the State cannot prove the officer had probable cause to search your car, any evidence obtained pursuant to the illegal search is ripe for suppression. If the evidence is suppressed, this means that the State cannot introduce it into evidence against you in a trial. This typically results in the State being forced to dismiss the charges against you.
After you are officially placed under arrest, if an officer wants to interrogate you regarding the offense, he or she must first read you your Miranda warnings. This warning formally informs suspects they are under arrest and under suspicion of committing a crime. Likewise, it notifies defendants they have rights to legal representation and the right to remain silent, which is protected under the 5th Amendment. If an officer arrested you and then interrogated you without reading you your Miranda warning, anything you said to them could potentially be suppressed from use at your trial.
If you’re facing a DWI charge, make sure to speak to a skilled Allen DWI lawyer as soon as possible. Attorney Kyle K. Shaw has more than 19 years of legal experience and a track record of successful cases behind him. Call him and let him show you how he can defend your rights and freedom.
Contact him at (214) 761-3361 or fill out our online form to schedule a free case consultation today.