DWI Defense: Defendants Rights

Recent data released by the National Highway Traffic Safety Administration (NHTSA) indicate that nearly 12,000 people die each year in alcohol-related crashes. This is a shocking number of Americans that have their life cut short because another person chose to drink and then get behind the wheel. Many people think that they are okay to operate a vehicle after a couple of drinks. A recent survey conducted by the Centers for Disease Control (CDC) report that teenagers account for nearly 50 percent of binge drinking episodes and causes a disproportionate high percentage of driving while intoxicated (DWI) incidents. Although these statistics may be staggering, anyone arrested for this crime is still entitled to a DWI defense. 

What Evidence Will Be Used by the Prosecutor?

The criminal justice system affords each person the right to be represented by legal counsel and be considered innocent until prove guilty by the prosecution. The law requires specific procedures to be followed when a police officer pulls someone over for suspicion of drunk driving. The primary goal of the prosecutor is to punish offenders for their crime by proving to a judge or jury why the defendant is guilty. Their case usually relies on a variety of evidence that often includes:

• The police report, which must outline why the officer had probable cause to detain the suspect

• What the defendant’s physical condition was prior to being arrested

• If field sobriety tests were conducted at the scene and the results of those test

• The blood alcohol content (BAC) of the defendant and if the results were obtained through a blood, breath or urine test

The State’s case may rely upon any witnesses who were present at the time, including passengers in the vehicle.

Defending DWI Charges

Mounting a strong DWI defense require the defendant’s attorney to discredit the prosecution’s evidence. The actual stop may be questioned if the officer lacked probable cause to pull the defendant over. Circumstantial or physical evidence may be ruled as inadmissible by the judge, which could include the following:

• Witnesses that testify regarding what they supposedly heard another person say is hearsay evidence and not allowed.

• If the arrest was made because an open container of alcohol was found in the vehicle, it may be ruled out if the vehicle was not registered to the defendant or the search conducted was illegally.

• The chemical testing method may be challenged because of the Breathalyzer machine not being calibrated properly or the officer not administering the test correctly.

• The defendant was not issued their Miranda Rights or was questioned by police after requesting legal counsel. Anything they said without their attorney present is inadmissible once they ask for legal representation.

The chain of custody may be questioned if evidence was not handled properly or tampered with after police obtained it.

Were You Falsely Accused of DWI Charge?

Being arrested and charged with a serious offense can be a frightening experience for anyone. Law enforcement officials are required to advise you of your right to remain silent. This is the best course of action, because the officers don’t care whether you’re guilty or innocent. Once in police custody, anything you say will end up in the official report and the prosecution will try and use this against you. Your first words should be to a criminal defense attorney. When you retain the services of a legal professional, they can help you get bail and will defend the charges against you in court.