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Can I still challenge a DWI if I had too much to drink?

You have a responsibility to be fit to drive before taking the wheel. If you then get a DWI because you were not fit to drive due to consuming too much alcohol, a court is unlikely to have much sympathy. While they understand that people make mistakes and think they can safely have four pints before driving home just because they also ate a bucket of chicken wings, they need to deter others from doing the same. However, there are a few times when you could still overturn a DUI charge, even if you were over the limit:

You did not realize how much you were drinking

This does not mean you got so carried away partying that you failed to count your drinks. It could mean:

  • Someone spiked your drink: It’s not an easy defense to pull off, but it could be easier if the bar had cameras. Video of someone pouring extra vodka into your vodka tonic when your back was turned may help.
  • The bartender served you the wrong drink: You walked into your local and asked for a low-alcohol beer for the first time ever. The bartender thought you must be pulling their leg and served you your usual drink. You left pleasantly surprised that low-alcohol content tasted so good, only to realize the mistake when the police pulled you over. You might need the bartender to help you out with a statement.

The police did not follow procedures

If you can show the police acted improperly in the stop, test or arrest, a judge may have little option but to throw out the case on a technicality. Learning about the full range of DWI defense options is your best chance to escape the charges you face.

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