Being arrested for DWI is an extremely intimidating and anxiety-inducing event. However, an arrest doesn’t equal guilt. The legal system is built on the fundamental principle of presumed innocence until proven guilty. A DWI charge is merely the start of a legal process where many factors can affect the outcome. Here are three reasons why.
1. The Critical Importance of Police Procedure and Your Rights
Each phase of a DWI inquiry must closely follow established legal protocols and honor your constitutional rights. Law enforcement needs a legitimate cause to stop your vehicle initially, usually referred to as “reasonable suspicion”.
This may include a malfunctioning tail light, a traffic infraction, or erratic driving. In the absence of this legal foundation, any evidence collected subsequently will be considered inadmissible in court. This encompasses field sobriety tests or breathalyzer outcomes. The arrest also has to have a “probable cause”, which is a more stringent standard of evidence that it’s more likely than not that you were impaired.
Procedural errors may seriously undermine the prosecution’s case. These may include errors in the administration of field sobriety tests. Working with an experienced defense attorney is essential because procedural mistakes can affect whether evidence is allowed in court. A Raleigh DWI lawyer will examine the arrest report, the dashcam video, and the testimony of a police officer to identify any violations. When well presented, these problems can result in the exclusion of critical evidence or case dismissal.
2. Challenging the Reliability of the Evidence
The prosecution relies on specific evidence: driving observations, field sobriety test performance, and chemical test results (BAC). All of these forms of evidence are susceptible to challenge. Field sobriety tests are subjective in nature and easily influenced by a variety of non-alcohol-related factors. Performance can be impaired by medical conditions, exhaustion, and psychological stress, resulting in outcomes that do not represent the impairment. While chemical tests are introduced as scientific, they’re not infallible.
Breathalyzer machines must be properly configured, maintained, and operated by competent engineers to yield accurate results. Some medical conditions (acid reflux, diabetes), remaining mouth alcohol, or even certain diets may potentially contribute to false positives. Blood testing needs to be done under an appropriate chain of custody to prevent contamination or tampering and performed properly.
A good defense is all about taking a close look at how the evidence to be relied upon has been gathered and processed, questioning the qualifications of the people involved, and coming up with alternative explanations for the result that do not involve illegal diminished capacity due to substance use.
3. Presenting Alternative Explanations and Reasonable Doubt
The prosecution will need to establish beyond a reasonable doubt that you were impaired while driving. Good defense usually means providing a plausible alternative explanation to the evidence presented. Erratic driving can result from fatigue or a medical condition, rather than impairment. An injury or anxiety can cause poor field test results, whereas a chemical test could be impacted by a biological condition, procedural error, or environmental contamination.
Success in creating reasonable doubt about the cause of the behavior observed or the legitimacy of the tests could be enough to avoid conviction. Defenses may also exist on the particular timing of impairment relative to driving, or whether the suspected person was actually “in physical control” of the car in a given situation. Exploring all avenues to create reasonable doubt is one of the pillars of defense against a DWI charge.
Endnote
A strong defense for a DWI charge can significantly reduce charges in most cases or even result in dismissal or an acquittal. The trick lies in reviewing the arrest, creating doubt about the validity of evidence, and offering plausible alternative versions of any behavioral pattern or test score. Time is of the essence when you are charged with DWI. The earlier you engage the services of an experienced lawyer, the higher the chances you will have of defending your rights and achieving a good outcome.