In Vermont, drivers who are charged with a DWI are at risk of becoming incarcerated and acquire high fines. The drivers could also be at risk of losing their driver’s license for the rest of their lives. These drivers need a clear defense for these charges. The following is a review of possible defenses used by DWI defense lawyers in Burlington VT.
Mistake of Fact
Officers who arrest a driver under suspicion of driving while intoxicated must have probable cause to pull over the driver in the first place. The officers must evaluate the driver’s actions and determine if the officer believes that the driver has been driving first. In some cases, medical conditions can cause a presumption of guilt as these conditions can give the impression that the driver was intoxicated. These conditions include excessively high blood glucose levels.
Differing Test Results
The defendant has the legal right to demand a sample of their blood to be drawn for their attorney. When officers perform chemical testing, the officers will take a blood sample to determine what substances are in the defendant’s bloodstream. If the attorney’s test results and the county’s do not match, the defendant’s charges can be dismissed.
Faulty Breathalyzer Equipment
All law enforcement agencies are required to acquire maintenance services and testing for all equipment. This includes breathalyzer tests. The agency must keep a complete record of testing, maintenance, repairs, and replacements. If the agency fails to perform these requirements, the case can be dismissed based on inaccurate readings from a faulty breathalyzer.
The Defense of Necessity
The defense of necessity is used when the driver had no other choice but to drive. These circumstances include an emergency in which the driver had to drive themselves or others to the hospital. If the driver fears for their life and is trying to flee an attacker, they can also use this defense.
In Vermont, drivers who are facing driving while intoxicated charges need a clear defense. These defenses must be based on the circumstances of the arrest and define just cause for a dismissal. Defendants facing these charges can hire DWI defense lawyers in Burlington VT by contacting Jason J. Sawyer, Attorney & Counselor At Law right now.