Most people who are arrested for DWI/DUI assume that they can't win their case if they tested over the legal limit, since they were caught "red-handed" in the act of the crime. However, many of these cases are beatable by getting evidence suppressed in court. There are many ways to accomplish this:
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Constitutional Arguments
This is probably the most common method of beating a DWI case. Police officers must follow the rules of the constitution when they conduct their investigations. If they do not, then any evidence they find after breaking the rules will be suppressed in court. There are volumes and volumes of legal cases that flesh out the details of how these constitutional issues work, but an experienced DWI defense attorney stays current on all developments of the law. Examples of constitutional issues include challenging the traffic stop or initial contact by the officer; challenging probable cause to ask for a preliminary breath test (PBT); probable cause to arrest for DWI; violation of right to counsel before testing; and denial of due process.
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Technical Arguments
These are arguments based on the police officer's failure to follow statutes and procedures. Minnesota has a very thorough DWI statutory scheme, and officers must follow every step when they process someone for DWI or test refusal. Examples of technical issues include problems with the testing process; violation of right to an additional test; and errors in paperwork. These arguments are often instrumental in getting cases dismissed or reduced. Statutes also govern what most of your penalties will be, and there are minor details that can make a huge difference in how much jail time you will face and how the time will be served.
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