How Can A DWI Defense Lawyer Help With Your Case?

A DWI defense lawyer has a number of tools at their disposal when managing a case, but it’s whether they use them correctly or not that will determine their client’s fate. Intoxicated driving is a serious offense, and if someone is convicted of driving under the influence, the effects will be felt for a long time. People who are convicted of intoxicated driving face huge fines, loss of driving privileges, and may even spend some time in jail. If someone racks up multiple convictions, their life can be ruined with another conviction. And it’s not just the fines or jail time either because this is one of those crimes that is stigmatizing. An employer may fire a convicted worker, families can fall apart, and a parent may lose their children. With so much riding on a potential charge, it is essential to secure the best representation possible and fight back.

How can a DWI defense lawyer help a person charged with intoxicated driving?

Once an attorney has all of the facts associated with the case, they will decide how best to proceed. There are a number of approaches, and several may be relevant to a given client. Some of these tactics include:

Asserting that no Miranda Rights were given – Perhaps the most basic response to an intoxicated driving arrest, but still one that carries weight. Police must inform the arrested person of their rights when being arrested, but this is often neglected. If it is, the case may be thrown out altogether, as it constitutes a violation of due process.

Asserting a lack of probable cause – Police officers are not permitted to detain people at their whim, and for no reason. Probable cause must be present for the officer to detain and arrest. Prior to detaining a person for intoxicated driving, an officer must observe the driver behaving erratically on the road, or in clear possession of an open container, or some other convincing piece of evidence. If none such evidence is present, and the arrested person believes they were unfairly profiled, a DWI defense lawyer may pursue this angle.

Asserting the officer’s testimony is inaccurate – Officers must provide an account of an arrest, including their assessment of the driver, and the driver’s performance on various field sobriety tests. Like any person, though, officers can make mistakes. Perhaps the driver was under the influence of prescription medication. Perhaps the driver lacked sleep. Perhaps the driver was suffering from a physical ailment that made them perform poorly in a field sobriety test. If the arrested person has witness testimony to back them up, or documentation that may offer mitigating circumstances, the case will likely be weighed on the defendant’s side.

Attorneys also have tactics prepared for cases made with blood or urine testing, or in special circumstances, like underage drinking and driving. An attorney can help an arrested person determine their best course of action during the consultation, and help their client steer through the uncomfortable process.

This article was published on Thursday 08 October, 2015.


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