Being falsely charged with DWI can be a frustrating and life-altering experience. Even borderline charges for impaired driving can still result in a conviction for what is considered a very serious crime in the contemporary judicial system. Prosecutors are always strict when it comes to pressing impaired driving charges, largely because all of the states have adopted definitive punishment standards.
The problem with the current emphasis on DWI is that many individuals are arrested and charged on evidence that may have been obtained unlawfully or may be embellished by officer testimony. Regardless of the material case facts, all DWI charges put the defendant in jeopardy of going to jail, which means it is absolutely necessary to have an experienced attorney who is focused on DWI criminal defense. Below are some ways you might be able to argue your case.
The arrest protocol for a DWI case is far from perfect. Officers must conduct a field investigation before they can actually arrest an individual for probable cause of being impaired while driving. The field sobriety test is effectively merely testimony from an officer who can be cross-examined by an experienced DWI lawyer in assessing the accuracy of their statement. Breathalyzer results are also not allowed as material evidence in a DWI case, but officers can use the readings as reason to take a suspect to the station for electronic breathalyzer testing. Both of these articles of evidence can be contested as invalid.
Faulty Mechanical Measurement Devices
All applicable BAC measurements must meet certain standards in order to be accepted as material evidence in a case. While field sobriety measurements are not dependable in the view of the state, readings obtained from approved electronic devices are deemed acceptable as long as they are functioning properly. However, it is not uncommon for a BAC electronic measuring device to malfunction or be outdated according to inspection and calibration requirements, so even a BAC reading from an accepted measurement device could potentially be dismissed as evidence in some instances.
A new trend in charging contemporary drivers for DWI has been driving under the influence of controlled substances, regardless of whether the substance was active in the system at the time. This measurement is commonly performed by a blood test that also requires a warrant from a judge before testing can be completed legally. A problem can exist in a prosecution when the officer demands a blood test without obtaining a warrant first, which happens more often than many people realize. And still then, the tests can be inaccurate. There have been no tests developed as yet that the court system can accept as an accurate concentration reading of any particular drug beyond alcohol, which could be grounds for a case dismissal.
Never let the state prosecute you for DWI when you were not impaired at the time of arrest. Always get an aggressive DWI attorney who will fight for your rights.
This article was written by Dixie Somers, a freelance writer who loves to write for business, finance, and family issues. She lives in Arizona with her husband and three beautiful daughters. You can find Dixie on Facebook.