How to Get Out of a DWI

DWI which stands for driving while intoxicated or could also be driving while impaired is a legal case that if not properly handled may mean having to do jail time. Most cases aren’t a result of the use of hard drugs. The use of over-the-counter drugs or other illegal substances like alcohol could put you in this condition.

Originally, being involved in a DUI case will be as a result of the police pulling a driver aside and carrying out a sobriety test to check the level of intoxication. And should the driver fail the test, they could be brought in front of a judge for conviction.

A simple case of over speeding could subject you to a test to see if you are under the influence of alcohol or a hard substance. More seriously, being involved in an accident or other severe traffic offense will put you at risk of taking a breathalyzer test to ascertain your level of intoxication. And should you fail such a test, it could mean that you will be going in for a DUI. But the good thing is that all hope is not lost as you could employ the services of legal counsel to present your case better.

Driving and Alcohol or Drug Use

When it comes to the issue of drowsy driving or being under the influence, many people still aren’t sure how much is “too much.” But to put it simply, more than a bottle of beer is enough to put you at risk of DUI if you are pulled aside by the police on a routine traffic stop. The only way to avoid such a scenario would be to completely avoid getting on the steering after a bottle of beer.

Taking a few hits of marijuana, cocaine, or other hard and controlled substance will also yield the same outcome. So it is best to wait until you are not getting on the road before doing so. But as I have come to know, this is easier said than done.

Conversation and Conduct Matters

You will agree that it is entirely possible to be under the influence and still be able to avoid a routine police stop. Most times, you will be pulled aside if you are driving above the speed limit or show signs that you are struggling on the road. This is not to say that you should drink or use drugs and drive, but being able to manage yourself while on the steering could make a difference.

Still, if you get pulled over by the cops even after having a drink or two, there is every chance that you can avoid a DWI conviction. But this is if you can play it cool. How you conduct yourself in the situation is essential to avoid getting on a police record or appearing before a court. Due to the intoxication, many people may not be able to behave properly in the presence of security officials.

What may have been a routine traffic stop could turn out to become a DUI case if you start yelling at the cops. This can make them subject you to a sobriety test to check if you have been drinking or using before getting on the wheels.

How well can you behave yourself if you get pulled over by the cops? This matters a lot, as you will be watched closely to see if you are a threat to other road users. You will agree that it is wrong to let go of a motorist who is showing signs of instability or difficulty controlling their vehicle. And the safest thing to do will be to pull them off the road for their benefit and that of other road users. So if you happen to run into the cops on the highway, you want to try and keep it cool.

Your conversation and conduct around law enforcement officers will give a picture of your present mental state. So rather than screaming at the top of your voice, or being hostile, you want to work together to come to an understanding of what’s going on. Remember it is the responsibility of law enforcement to make sure that the law is upheld at all times.

And as a law-abiding citizen, you want to work together to make society a better place. This includes not drinking or using drugs and operating a vehicle on the road.

When a DWI Could Work in your Favor

According to legal experts, it is easy to defend a DWI case in today’s legal settings. And it is even better for people who are first-time offenders subjected to an alcohol test to see if they have been drinking. Judges are more lenient towards first-time offenders, and it will help your cause greatly if you don’t cause property damage or injure motorists or road users.

But if you are unlucky to cause damages to vehicles, public properties, or you put others in the hospital as a result of poor driving, your case won’t be handled likely.

Inaccuracy or Errors with a Breathalyzer Test

DWI test usually involves the use of a breathalyzer to detect the levels of blood alcohol concentration (BAC) in an individual. But the facts are that the devices used to measure a DWI don’t take into account the BAC. Rather, the estimation is done by measuring the blood alcohol and multiplying this with a partition ratio. And according to the breathalyzer, the ratio of alcohol in an exhaled breath of less than 0.05% is usually not seen as being intoxicated.

But anything above this limit could subject you to further scrutiny. But still, with a reputable lawyer, your case can be argued citing errors with the devices used for the test.
You should also know that other factors can lead to a false positive with a breathalyzer test. And some of the common ones include

• Improper calibration of the device of poor maintenance by law enforcement officials
• The margin of error of the device
• Physical differences among drivers that could also distort the partition ratio
• And there is the issue of “auto-brewery syndrome”


If you consume an Atkins diet or are dealing with diabetes, your attorney could also cite ketosis as the reason for your failing the breathalyzer test. In a ketosis situation, the ketones eliminated from the urine and breath can cause your breath to reek of alcohol. And this can trick the device to think that you have been drinking whereas this is not the case. You will have to present medical documents to back your claims of being diabetic or hyperglycemic.

Auto-Brewery Syndrome

This is a medical condition where alcohol is produced in a person’s gut. And this can happen without consuming any alcohol. A high carbohydrate diet, taking too many antibiotics, or eating too many refined foods can lead to such. Carbohydrates and sugars are converted into alcohol by bacteria in the intestinal tracts which can be likened to the fermentation process of beer. Hence the name auto-brewery syndrome.

Your diet could trick the breathalyzer to think you have been drinking before getting on the road. And if you are certain you didn’t consume any alcohol before driving, your attorney can argue your case to any length. But again, it helps if you can back your claims with evidence. This page has more on the auto-brewery syndrome.

What to do After a DWI Arrest?

You surely will have to defend yourself on the scene if you are sure that you haven’t been drinking or using any hard substances. But in most cases, it is your word against that of the law enforcement officials and you may be charged for a DWI all the same. This doesn’t mean that you have to take it likely and do nothing about it. You surely will need to get in touch with a lawyer to plan for your court appearance.

Even if you did consume alcohol, cause damage to another vehicle and public property or cause bodily harm to others, you will still be given a chance to defend yourself. And in this case, you want to ensure that you seek the best legal counsel to represent you. Remember, you remain innocent until proven guilty, so you want to do all you can to exonerate yourself.

Getting a Lawyer

You will agree that not just anyone is right to represent you in court, you will need someone who is experienced to assist with presenting your case better before the judge. The attorneys at this link are experts at providing you all the legal assistance you need to deal with a DUI case. In many scenarios, you can represent yourself in a magistrate court if you know how to behave during a legal proceeding. But it may be best to let someone trained for such to handle the responsibility. When it comes to finding the best lawyers for a DWI, you want to consider


You surely will need someone experienced to back you up in court. This means that you have to ensure they have a good knowledge of handling similar cases in the past. They should be educated in legal proceedings and have all the required registrations with the governing bodies to take part in court cases in the jurisdiction.

Past Successes

You want to also look at their past successes and how well they have handled similar cases in the past. It helps if you work with someone who has won a couple of DWI cases for their past clients. And you want to make sure they do well to show you their record before hiring them to represent you.


It is best that you can communicate freely with your lawyer. They should be willing to give you an audience and suggest better ways to present your case in court. Working together will give them insight into understanding your situation, gathering all the necessary evidence, and devising the right angle to stage a defense when you get to court.

Getting a Fair Hearing

A first-time offender lucky enough not to cause damages to properties or others could surely be at a high chance of getting away with a warning. Also, you could be slammed community service and addiction therapy if you do happen to drive into a street pole while intoxicated. But this will depend largely on the prowess of your attorney to ensure same.

It will also speak volumes if you weren’t rude to the law enforcement officers during the breathalyzer tests. Most officers will have a body cam or other form of device to record the encounter for evidence purposes. So it helps if you can behave yourself properly during a routine police stop.

Pleading Guilty

It will almost be an effort in futility to defend a DWI case and plead innocent when the evidence against you is much. If the state has proof such as a result from a breathalyzer and you failing a walk test, the likely thing to do in this case will be to plead guilty. You will need to discuss with your lawyer the best course of action. They should advise you on what to do while preparing all the right defenses to help you get a fair hearing or reduced sentencing.

Your legal counsel should get you ready for the possible punishment. For the first time, offenders reduced sentencing which could be a few days or weeks in jail could be the possible scenario. However, you could have your license suspended for a year.

But even in a repeat offense case, it is the role of the presiding judge to examine all the evidence available at the time. This usually will include the levels by which you were above the BAC limits from the breathalyzer test. In a situation where you have to go for addiction recovery, you want to research available classes to attend.

Popular options include alcoholics anonymous (AA) which will help you rehabilitate yourself for getting back into society. You should also dress properly when appearing before the court. It will also help that you request a copy of the evidence the police have against you which could help you with examining weaknesses in the evidence of the state against you.

Final Note

The best way to avoid a DWI is to make sure that you don’t drive while under the influence. In the situation that the breathalyzer test turns out positive and you are certain you haven’t been drinking, it could be a medical condition or your diet that is responsible for the wrong conclusions.

Still, this is not eliminating the possibility of a wrongful conviction on the part of law enforcement, so you want to make sure that you get a licensed and experienced lawyer to handle your case.

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Posted - 12/20/2021