How Is Driving While Intoxicated Proved

How Is Driving While Intoxicated Proved

DWI originally stood for driving while intoxicated. But as the use of drugs increased, state laws were changed. Nowadays, DWI also stands for driving while impaired by alcohol and/or drugs.

There are two versions of DWI. The first is where it is illegal for a person to drive while intoxicated or impaired by either alcohol or drugs. The second version is where it is illegal for a person to drive when his/her blood alcohol concentration (BAC) level is greater that the amount allowed by state law. All states use a BAC of .08 now.

The way the two versions work together is that there are some people who are intoxicated and should not be driving according to state law even though they have a BAC well below .08. For example, a person who is intoxicated with drugs may have a BAC of 0. On the other hand, there are some people who appear normal for driving, but have a BAC of .08 or higher.

Prosecutors can prove the first version of DWI by:

    - Having the arresting officer or other witnesses testify about a person's erratic driving or about the person's behavior which shows driving while intoxicated, or

    - Having the arresting officer testify about the results of a field sobriety test given to the driver, or

    - Introducing into evidence a video of the person driving or taking the field sobriety test, or

    - Introducing into evidence the results of a breathalyzer test, blood test, hair test, or urine test.

Prosecutors can only prove the second version of DWI with a breathalyzer test or blood test which shows the BAC.

Because driving while intoxicated is a criminal matter, it must be proven beyond reasonable doubt. This means that if a DWI attorney can cause a juror to have a reasonable doubt about whether or not a person was driving while intoxicated, the person is acquitted.

A DWI lawyer will always question the way breathalyzer, blood, hair, or urine tests were administered and whether or not the testing devices were accurate. If the lawyer can cause doubt in a juror's mind about the results of the tests, then the person charged with driving while intoxicated is acquitted.

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, what are the defenses to DWI, and what are the penalties? Get the information here on DWI - Driving While Intoxicated. And click here for more insights on DWI Defense - Ways To Beat A DWI.

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