How do I Beat a DWI?
Every DWI case is unique, and a good DWI defense attorney knows this. A person is innocent until proven guilty. To convict an individual for Driving While Intoxicated (DWI), the following must be proven beyond a reasonable doubt:
- DWI suspect’s identity
- DWI suspect was operating a motor vehicle in a public place
- DWI suspect was intoxicated
Any good DWI lawyer will want to know:
- Where you had been that evening
- Who was with you
- How much you had to drink
- What you were drinking
- What reason the officer gave for stopping you
- If you were ordered to perform the field sobriety tests
- If you performed the tests, if you believe you passed them
- What statements you made to the officer
- If you were offered to give a breath or blood sample
- If you felt required to give a breath or blood sample
- If you took a breath test or blood test, what the results were
- If your friends can testify you were sober
- If you have any receipts showing how many drinks you purchased
Police officers can be impeached during a DWI trial due to any of the following:
- The officer’s written report does not match what is seen on the video
- The officer does not remember what happened during the stop
- The DWI field sobriety tests were administered incorrectly
- Proper scientific breath or blood test procedures were not followed
- The DWI investigation is incomplete and not thorough
- The officer failed to ask your side of the story
- The officer failed to conduct a follow-up investigation to verify your side of the story
- A jury may simply not like the officer
- Incompetence and arrogance on the part of the DWI arresting officer
The results of Standardized Field Sobriety Tests and breath or blood tests can be thrown out of court, resulting in the case being dismissed, for the following reasons:
- Violation of your Constitutional Rights
- Failure to establish probable cause to arrest
- Failure to obtain your consent to perform field sobriety tests
- Failure to give you the option to refuse a breath or blood test
- Requiring a breath or blood test
- Failure to follow proper testing procedures
A talented DWI defense attorney will always file the following legal motions:
- Motion to Suppress Evidence based on Constitutional Violations
- Motion to Suppress Evidence based on Unconstitutional Search and Seizure
- Motion for Discovery of All Evidence
Any one of these motions could result in the DWI being dismissed.
A DWI can be dismissed without having a jury trial by challenging:
- The constitutionality of the DWI stop
- The constitutionality of the DWI field sobriety tests
- The constitutionality of the DWI probable cause to arrest
- The manner in which the field sobriety tests were given
- The results of any breath or blood test
A DWI can be overcome in a variety of ways. The most important thing is to find a DWI criminal defense lawyer who knows the DWI process. If arrested for DWI, call the law firm of Jones & Hull, P.C. immediately. We can help you avoid a DWI conviction.
Contact us today to speak with a knowledgeable attorney.
