DWI Defense - Ways To Beat A DWI

A DWI defense depends on exactly what law the driver is charged with violating. In most states, there are two different laws with which to charge a driver with DWI. Prosecutors may charge a driver with violating one or both of the laws. The DWI defense then has to use a defense that is applicable to the charge.

1. The first type of DWI defense is applicable to cases where the driver is charged with illegally driving while intoxicated or impaired by either alcohol or drugs.

Generally, prosecutors prove this charge by having the arresting police officer (1) testify as to his/her observations of the driver's driving and/or (2) testify as to the results of the field sobriety test. In some cases, there is also a video of the driver's driving and/or a video of the driver after he/she is taken into custody for DWI.

DWI defense lawyers will first defend against this charge by attacking the police officer's observations. What were the conditions? What was the weather? What type of road? Where was the police officer when he/she observed the driver? How long did the police officer observe the driver? All of these questions are aimed at making sure that the police officer did, in fact, correctly see the driving behavior to which he/she is testifying.

Are these types of questions really a DWI defense? Yes, they are! For instance, it is fairly easy to tell that a driver is weaving all over the road on a paved road with a center line. But if the driver is driving on a narrow, curvy, and gravel road, the police office probably cannot really tell if the driver was weaving or not. This can cause reasonable doubt in a juror's mind.

Next, a DWI defense lawyer will question the police officer who gave the driver the field sobriety test. In this part of the drunk driving defense, the lawyer will question every little detail. The way the field sobriety test was administered, the instructions that were given to the driver, and the police officer's experience and training, can all make a tremendous difference in the test results.

Again, can these questions make a difference? Again, yes, they can. If the police officer failed to give the driver proper instructions, the driver may have done something in wrong way, and the test results would be not be valid.

Defending against a DWI is more tricky when there is a video of either the driver driving or the driver after an arrest. However, there is a defense. A lawyer will question whoever took the video. Where was the video taken? How was it taken? What factors could affect the video (the lawyer may suggest several factors)? What is the chain of custody of the video? The prosecutor must prove that the video is accurate and real. Through the questions, the DWI defense lawyer must raise reasonable doubts about the video being accurate and/or a real portrayal of the driver.

2. The second type of DWI defense is applicable to cases where the driver is charged with illegally driving when the driver has a blood alcohol concentration (BAC) level that is greater than the amount allowed by state law. Right now, all states use a BAC of .08.

Because, this second law or way to charge a driver relies on a specific number, prosecutors can only prove the charge of DWI with a breathalyzer test or blood test which shows the BAC.

A driver may believe that since the driver's BAC was higher than the state limit, there is not a defense. Wrong! There is still a defense.

The breathalyzer test is usually given by the arresting officer. As with other aspects of defending against a drunk driving charge, a DWI defense lawyer will question the police officer about every detail of the breathalyzer test. What is the officer's experience and training? Was the machine calibrated? How was it calibrated? When was it calibrated? Did the officer check the driver to see if there was anything that could cause a false test result? In other words, the DWI defense is looking for any factor that could affect the test and possibly cause an inaccurate test result.

Yet, again, can these questions make a difference? Yet, again, yes, they can! For instance, if the police officer did not calibrate the breathalyzer test machine in the proper way, the test result would be suspect. A questionable test result could cause a juror to have a reasonable doubt.

When a driver refuses to take a breathalyzer test or a breathalyzer machine is not available, the police may take a driver to a medical facility for a blood test. Here again, a DWI defense lawyer will question how the blood was drawn, how the blood was tested, what factors could affect the blood test results, and what was the chain of custody of the blood. The DWI defense is looking for anything that might indicate or show that the test results were questionable and/or not
accurate.

3. DWI or driving while intoxicated is a criminal matter and it must be proven beyond reasonable doubt. This means that if a DWI defense attorney can cause a juror to have a reasonable doubt about whether or not a driver was driving while intoxicated or driving with a BAC of .08 or higher, the driver should be acquitted.

As you can see, DWI defense is about seeing what the prosecutor is charging the driver with and how the prosecutor is trying to prove the charge, and then reacting to the prosecutor to raise reasonable doubt.

The above is general information only. If you have any questions about DWI or driving while intoxicated, talk with a DWI attorney licensed in your state.

Stop! Wouldn't you like to know more about driving while intoxicated, how it is proved, and what are the defenses to it. Get more information here on DWI - Driving While Intoxicated. And click here for more insights on Drunk Driving Lawyers Reduce The Consequences Of DWI.

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