Driving under the Influence (DUI) and driving while intoxicated (DWI) are serious offenses that can merit a stiff penalty for the offender. If you get involved in a DUI or DWI case as a defendant, it is highly advisable to hire a lawyer who is knowledgeable in this field.
Proving DWI involves two
things: (1) you were driving the vehicle at the time of the incident;
and (2) you were “under the influence” of alcohol which impaired
your ability to drive safely. A DWI defense can be successful if you,
through your lawyer, can disprove or cast doubt on one or both of
these conditions.
If you were arrested while
in the act of driving, disproving the first condition would be
difficult. However, if you were simply sitting behind the wheel, and
no evidence can be presented to show you had been driving, you can
use this in your defense. Additionally, if you were pulled over,
detained, or arrested without probable cause, you can challenge the
validity of the arrest. Likewise, if you were not read your Miranda
rights after the arrest, you may also argue against the arrest or
against certain evidences by the prosecution.
Another common DWI defense
is to challenge the observations made by the arresting officer, such
as the manner you were driving, talking, or walking during the
sobriety test. If you can present evidence to contradict or
successfully cast doubt on the officer's testimony, you can use this
to get acquitted from the charge.
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