Monday, December 15, 2008

Beating a DWI Charge

Winning a DWI case is difficult. Juries are fed up with DWI and like to show support for police officers and often give them the benefit of the doubt... even when judges tell them they should not.

However, DWI cases can be beaten. Almost no other types of cases require more specialized knowledge than a DWI case. Here are a few of the ways that a DWI case can be won for the defense.

1) Suppressing the stop. If a police officer does not have a valid reason to stop a car the DWI arrest that came later is thrown out. There is a large amount of law devoted to when traffic stops are acceptable or not.

2) Suppressing the breath test result. There are procedures that must be followed or the breath test can be thrown out. Very high results are sometimes thrown out and juries are not permitted to know the result.

3) Questioning the result of the breath test. Even if the breath test is permitted in front of the jury, the breath test result can be questioned. A good DWI attorney needs to be familiar with the effects of temperature, partition ratios and all the procedures that the breath test operator needs to follow to ensure an accurate result.

4) Suppressing all or part of the field sobriety tests. All field sobriety tests must be given in strict compliance with the National Highway Traffic Safety Administration (NHTSA) If the officer makes certain mistakes on the field sobriety tests one or all of them can be thrown out. full story

1 comment:

  1. i think not drinking and driving is the best alternative, but if all fails

    go for the legal approach