Driving under the influence is a criminal act, and you can be arrested and held accountable for that action. However, there are times when the police overstep their boundaries or accuse you of a DWI without the right information.
You can be charged with a DWI for being impaired by alcohol or drugs. There are a few defenses to these charges, though. For instance, if you take a Breathalyzer test that comes back higher than expected, you can question the results. These tests are not infallible.
Another defense may be that you didn’t know how you’d be affected by a new medication or hadn’t been affected the way you were by one you’re on currently. For example, if you always take pain medications for chronic pain and have no lasting side effects, you may decide that you want to drive to the store unaware that this time you’ll suffer from drowsiness. Being unaware of a potential side effect can sometimes be a good argument against a DWI.
There are medical conditions and other reasons that you may look like you’re driving while intoxicated when you’re not, and it’s important that the police don’t jump to conclusions without the right evidence. You shouldn’t be charged with a crime when you have no alcohol in your system or haven’t taken any drugs; medical conditions like diabetes or seizures may make you appear drunk or disoriented, but both require medical help.
Our website has more information on DWIs and what to do if you’ve been unfairly charged. You can defend yourself and protect your rights as a driver.