St. Patrick’s Day is known for its green beer, Irish food, and good times. Unfortunately, it’s also a popular day for DWI arrests.
Consider these quick facts on why St. Patrick’s Day DWI arrests are so common:
- Patrick’s Day ranks fourth among the most popular drinking days in a calendar year
- 13 million pints of Guinness are consumed worldwide on St. Patrick’s Day
- 5% more beer is sold on St. Patrick’s Day as compared to an average day
- 75% of fatal crashes on St. Patrick’s Day involve a drunk driver with a BAC level twice the legal limit
Moreover, police know all this, so they’re watching for signs of problems.
However, it is important to remember that an arrest does not equal a conviction. If you were arrested for a St. Patrick’s Day DWI this year, a knowledgeable Minnesota DWI attorney can help you fight your charges.
Here are common strategies a skilled lawyer can use to fight to get your charges reduced or dropped.
Lack of Probable Cause
The police must have probable cause to pull you over. If your attorney can prove that the police officer pulled you over for an unqualified reason, such as racial profiling, your case may be dismissed.
No Rights Were Read
You should have heard the phrase “You have the right to remain silent” while you were being arrested. This is proper procedure, and if the arresting officer did not follow protocol, anything you said to the arresting officer may be inadmissible in court.
Police Observations Were Inaccurate
Perhaps you failed a field sobriety test due to fatigue or physical impairments. Maybe your eyes were bloodshot due to allergies, and your speech was slurred due to a stroke.
There are all kinds of reasons why an officer might have thought you were drunk that you can show were due to misinterpretations.
Breathalyzer Test Was Faulty
A breathalyzer measures your blood alcohol concentration (BAC) level, which must be under 0.08 or you can be arrested for DWI in Minnesota. However, breathalyzers often produce false positive results due to chemical interference from substances like mouthwash or hairspray. They can also show false positives if you have certain physical conditions.
Another reason test results may be wrong is that the machine was not properly calibrated or used. There are many ways a knowledgeable attorney can use this defense to fight your charges.
Blood Alcohol Test Was Mishandled
Your blood will be drawn for a more accurate test than the breathalyzer test. However, if the blood sample is compromised during storage or transfer, the results cannot be used in your case.
Mistake of Fact
You may have drunk punch at a party you did not realize was spiked with alcohol. Or taken prescription drugs you thought had worn off before you drove. In either case, an experienced DWI lawyer can argue that you did not know you were inebriated.
Seek Legal Counsel for your DWI Charge
If you do nothing to fight your charges, you could end up losing your license, going to jail, and paying steep fines.
Fight back the right way, with a Minnesota criminal defense lawyer who has a track record of success handling these types of cases. Reach out to us today for a free consultation.
About the Author:
Christopher Keyser is a Minneapolis-based criminal and DWI defense attorney known for fighting aggressively for his clients and utilizing innovative tactics to get the most positive results. He has been featured in numerous media outlets due to the breadth and depth of his knowledge, and recognized as a Minnesota Super Lawyers Rising Star (2014–2015), a Top 100 Trial Lawyer (2013–2015), and a Top 40 Under 40 Attorney (2013–2015).