In an ideal world, you should avoid driving even if you have consumed the smallest amount of alcohol. This is because it is difficult to know how alcohol will affect your behavior. Even if you believe that you are not affected by alcohol, your reaction times may be slowed, and this can increase the likelihood of being involved in an accident.
It is illegal to drive if you have a blood alcohol concentration (BAC) of 0.08%. It can be difficult to tell how many drinks will lead you to be over the limit, so this is another reason why it is best to avoid drinking altogether before driving. If you were pulled over and found to have a BAC of over 0.08%, this may lead you to be charged with a DWI.
A DWI charge can have many serious implications in your life: You may be unable to get to work, and you could even lose your job. This is why it is so important that you are able to take aggressive action to form your defense. The following are some less common DWI defenses that you may not be aware of.
Claiming That You Were Not The Driver
Just because you were sitting in the driver’s seat while intoxicated does not mean that you had been operating — or had the intention of operating — the vehicle. Therefore, if a police officer asked you to perform a Breathalyzer test even if they had not seen you driving, you may be able to successfully claim that.
Showing That The Police Acted Improperly
It’s important to be aware of your civil rights. If you believe that your rights were violated, you may be able to use this as part of your defense.