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So you got nailed for driving while intoxicated.  Well, shame on you.  Now you know that you should have used a designated driver, taken a cab, called Uber or Lyft, or had someone pick you up. Too late for that now. It is what it is.

So now the question you probably want to know is “can I get out of this?” Well, it depends on the following main points:

1. What’s the blow (breathalyzer reading)? A breath result of 0.08 does not necessarily mean an automatic “guilty”. It will be weighed by the judge along with all the other evidence.

2. Did the cop see you actually drive? Usually yes, but in those rare cases where he arrives on the scene later, if there is no or only a very tenuous connection between you and the car, the State may have insufficient evidence to satisfy the “driving” element of the offense.

3. Were your constitutional rights compromised? If you are deprived of witnesses either during testing or after processing, some judges remain open to the argument that your rights to an adequate defense have been compromised which may require dismissal.


Can a lawyer help me here?

Yes.  Good lawyers worth their salt and experienced in a particular State know the applicable laws well.  They know the judges, and they know their way around all of this.  If you happen to get nailed for a DWI, don’t handle the case on your own, get an experienced lawyer to help you.  It’s what they do.  
More detailed information about DWIs can be found here.
DISCLOSURE: DWI defense, as with all matters of law, is not a matter which can be exhaustively treated in a short  article like this one. Each case is “sui generis”, or one of a kind.  As such, the foregoing is intended to be only a brief and perhaps entertaining discussion of some of the salient points that attorneys and judges consider when dealing with these cases. It is not intended as legal advice. But if it helps guide any discussion between you and your attorney, it will have served its purpose.