Charged with a DWI? Then you’re probably wondering if any DWI Defenses even exist. After all, the police say you were driving, and that your alcohol test was over the limit. You may think: what possible DWI Defenses could I have? Shouldn’t I just plead guilty? NO, because you do have defenses. There are a multitude of possible defenses to a DWI. Defenses range from the unusual and complex to the common and simple. ). Three defenses that are used less frequently, but can be successful, are:
1. The suspect was not actually driving, operating, or in physical control of the car.
To be found guilty of driving while impaired (DWI or DUI), you have to be driving or in “physical control” of a vehicle. What does that really mean? “Driving” is self-explanatory, but what is physical control? Well, neither the Legislature nor the Courts have defined physical control. The police will allege you’re in physical control of the car if you are (1) sleeping in the driver’s seat with the keys either in the ignition or in your pocket (2) sitting in the passenger seat with the keys in your pocket or (3) standing near the car with the keys in your pocket.
However, while the police may allege that you are in physical control of the car, that doesn’t mean you actually were. However, if you do choose to raise this Physical Control defense, you’ll need to hire a skilled Minnesota DWI defense attorney. Your attorney will need to subpoena all your witnesses who will testify on your behalf and conduct a proper questioning of both the prosecutor’s witnesses and your witnesses. Keller Law Offices has won numerous Minnesota DWI cases using this defense.
2. Any alcohol you consumed was drunk after you last drove your car.
This is also known as the “post-driving consumption” DWI Defense. In this case, the suspect argues that, while they did drive a car, and were drunk at the time the police officer had them take a test, they were not drunk while they drove the car. Essentially, the argument is that the person drove before drinking. Max A. Keller recently won a case where the post driving consumption defense was successfully raised.
3. The police did not properly honor the suspect’s request for a second test.
In Minnesota, all drivers who are asked to take a blood, breath, or urine test (the police don’t have to offer a choice of all three) have a right to request a second test. For example, if the police ask a driver to take a breath test, then the driver can consent to taking a breath test BUT request a blood test. The blood test would have to be performed by a private company. IF the driver requests a second test, the police are required to make a phone available to the driver, so that the driver can contact a private testing company. If the police do not honor this right once the driver requests a second test, then the initial test taken by the police must be suppressed. But, in order to save your freedom, your job, etc., you need an aggressive, experience Minnesota DWI Defense attorney to help you raise these and other Minnesota DWI Defenses.