DUI/DWI Defense

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Understanding Charges of DUI/DWI

State laws on DUI and DWI differ, although they deal with the same offense of driving under the influence of alcohol or drugs. Police can make field sobriety tests and other chemical tests like breathalyzers to detect the level of intoxication. It is illegal in most states that drivers above the age of 21 years have a Blood Alcohol Concentration of 0.08 percent or higher..

Steps One Should Take Immediately After the Arrest for DUI/DWI

  • REMAIN CALM and COOPERATIVE: Allow the arrest to be carried out as per due process, and do not make any incriminating statements.
  • MAINTAIN RECORD: From the very beginning to the very end, everything associated with that night’s arrest: timeline, dealings with police, testing procedures—in fact, every single piece of information that may turn useful for your defense.
  • Call a Lawyer: You should call a lawyer immediately after the arrest. A good DUI/DWI defense attorney will guide you concerning the proper steps you can take and start working on your case right away.

Common DUI/DWI Defense Strategies

Any credible DUI/DWI defense should question the procedures which the police followed and any evidence they may have collected against you. The most common strategies for so-called defenses are

  • Illegal Stop: Provided the facts are that the officer had no probable cause to stop you, under criminal procedure law, he will not be able to use any evidence he might have found at your trial in court.
  • Improper Field Sobriety Tests: Field sobriety tests must, by normal regard for the tests themselves, be administered in a standard manner. If they are not, then any variance makes a test result extremely questionable.
  • Malfunctioning Breathalyzer: Breathalyzer machines require frequent tuning and adjustment. An attorney will determine if the device used in your case was functioning correctly.
  • Rising BAC Defense: It takes some time for alcohol to be fully absorbed into the blood stream. Your BAC could have been lower when you were driving and higher at the time of testing.
  • Medical Conditions: Several medical conditions and medications do tend to either interfere with the accuracy of BAC readings or even appear as symptoms of intoxication. Any such evidence can be raised to combat the case of the prosecution.

Potential Consequences of a DUI/DWI Conviction

It can mean severe and long-term consequences, including but not limited to:

  • Legal Consequences: These range from fines to suspension or withdrawal of the license to compulsory education about the dangers of driving under alcohol influence; they do not even rule out imprisonment.
  • Higher Insurance Premiums: Your auto insurance premium certainly may shoot out of your budgetary reach in case of conviction.
  • Career Damage: Many employers do not hire offenders with DUI/DWI charges against them or continue to employ those with such offenses as their policies enjoin them.
  • Permanent Record of a Crime: Any type of conviction for DUI/DWI enters into your permanent record of crime and can undermined most of your future opportunities and prospects.

Why You Need a Lawyer

With this kind of severity attached to the charges, legal representation becomes very important. Any very good DUI/DWI defense attorney can:

  • Assess Your Case: They will assess the facts of your arrest and find out the loopholes within the case that the prosecution has built.
  • Negotiating a Plea Bargain: Sometimes an attorney may negotiate with the opposition only to get reduced charges or lesser penalties.
  • Representation in court: In case of the need to go to court, he/she is supposed to present the defense by adducing evidence and arguing on your behalf.

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