United States law strictly prohibits anyone from operating a motor vehicle when intoxicated with alcohol. In some states, this offense is called Driving Under the Influence or DUI, while in other places, this is known as Driving While Intoxicated or DWI. Drivers who are arrested as suspects of DUI or DWI generally enlist the services of a certified DWI attorney. This attorney can defend you in related cases and also represent you during legal proceedings.
A DWI attorney is primarily an attorney licensed to practice law where the alleged crime occurred. Just as other legal professionals specialize in cases involving personal injury or domestic violence, DWI attorneys choose to focus on cases involving people who have been accused of drunk driving. In general, this means that these attorneys are well versed in the language and application of the state’s DWI laws. They are confident that they can successfully defend their client and win the case.
A county deputy or police officer on duty can assess whether a driver is too drunk to drive, based on his or her behavior on the street. While traffic is stopped, the officer can let the driver undergo a couple of field tests to determine his response time, coordination, and consistency. When the officer discovers that the driver is too drunk with alcohol to drive properly and safely, the driver will be asked to inhale a breathalyzer. This machine has the ability to measure the amount of alcohol in an individual’s bloodstream.
In case the test results fall between 08% and 10%, the driver can face DWI charges and can be taken to a police station for a blood test. You can be held in jail from a few hours to several days, until you appear before a judge for the first time. At that time, the suspect may retain the services of a DWI attorney to represent him during the trial and, in the meantime, arrange for his release prior to that date.
The process of establishing a person’s legal impairment while driving can be simple. However, it is generally more difficult to successfully prosecute a DWI suspect. In this regard, a DWI attorney has to study the necessary documents and test results related to the case. In addition to this, it will invite certain people, such as the suspect, potential witnesses, arresting officer, and laboratory technicians to question the chain of events and gather evidence.
While the case is at trial, a DWI attorney may question the officer about the legality of the arrest and perhaps ask him if he has clearly outlined the rights of the defendants, as an example. Field tests showing poisoning may have been conducted in unfavorable conditions or uneven terrain. During the traffic stop, the defendant may have been overly fatigued or suffered from health problems, such as hypoglycemia or diabetes.
