Winning a case varies from one case to the next, but there are certain actions one can take that can safeguard a win. Defending a Driving While Intoxicated (DWI) case is a lot more difficult than prosecuting it because of two things: the bias against drunk drivers and prosecution’s use of professional witnesses who can make even the weakest cases appear like they have more merit.
Win Your DWI Case With This Information
To win your DWI case, you should have representation. It may be difficult for you to navigate the intricacies of defending against a DWI charge without an attorney. What a competent lawyer can provide you are strategies specifically catered to your case, making you much more likely to win.
This usually starts with legal challenges, also known as suppression issues, which will aid in convincing the judge that your rights were violated prior to the time your car was pulled over or you were tested. The basis for these is usually statutory or constitutional right violations. Because of that, anything that came after is considered inadmissible.
One of the most common legal challenges is the unconstitutional stop of a vehicle. If the premise behind an officer pulling you over is unreasonable — such as you weren’t speeding, driving unsafely and so on — then you have the right to ask that whatever he found when you were pulled over be suppressed. This includes onsite sobriety tests, comments you made while with the officer and even alcohol tests taken at the station.
Although a lot of people assume that that’s the safest bet, it isn’t necessarily so. Unless you believe you’ve been profiled or framed in some way, shape or form, then it’s hard to get a case dismissed using that strategy. This approach usually just opens the floodgate for more questions, so it’s only used when the case is starkly winnable.
Instead of going for legal challenges, DWI cases usually require facial or scientific challenges which means your lawyer should be questioning the validity of the facts gathered, not just whether they were obtained legally or not. Some examples include how the test was conducted, whether the driver asked for an independent test or not, was the machine functioning okay, is the arresting officer credible and did a pre-existing condition — such as diabetes — affect the sobriety reading.
Winning a DWI case, especially with courts becoming more stringent with how DWI laws are implemented, takes creativity and foresight. The latter comes from years of experience as a lawyer as well an understanding of the law.