How A Criminal Defense Attorney Can Argue And Win Your DWI Case
Posted on: 20 March 2023
Driving under the influence of alcohol or other intoxicating substances is a traffic offense punishable by law. As such, you should never drive while under the influence. However, if you get arrested for DWI, you'll need a competent criminal defense lawyer to represent you and win your case.
A criminal defense attorney can use different strategies and counterarguments to defend you.
Here are some of the viable defense arguments in a DWI case.
Erratic Driving Doesn't Equate to DWI
Your attorney can argue that your erratic driving does not automatically translate to driving while intoxicated. They can say that your poor driving resulted from other distractions and not necessarily alcohol or drugs.
The prosecutor will try to prove that your driving patterns at the time of arrest align with the behavior of a person driving under the influence. They can claim you swerved from one lane to another or weaved in between lanes carelessly. They will argue that you posed a danger to yourself and other road users.
Your defense attorney will cross-examine the arresting officer to point out that even sober drivers can violate traffic rules and that the court cannot rely on driving patterns alone to prove DWI charges.
According to the NHTSA, driving patterns are only 35% accurate when predicting drunk driving. This statistic leaves much room to prove that your driving patterns are insufficient evidence in a DWI case.
Inaccurate Objective Evidence
The prosecution in your DWI case will also need to prove that the arresting officer observed characteristics related to drunkenness or intoxication. For instance, they can claim that you had red, watery eyes, slurred speech, a flushed face, or an unsteady gait. These characteristics are common with drunk persons.
However, a competent criminal defense lawyer can argue that all the characteristics you showed during the arrest resulted from other nonalcoholic factors. The attorney can say that your flushed face resulted from playing volleyball on the beach all day. They can also argue that you had red, watery eyes due to an allergic reaction.
Furthermore, your DWI attorney can argue that the arresting officer assumed that the objective evidence you exhibited resulted from alcohol consumption. The officer did not consider exposure to other nonalcoholic factors that could cause the same reactions.
Unreliable Field Sobriety Test Results
Your DWI lawyer can also dispute your case's field sobriety test results. The prosecutor will argue that you failed most sobriety tests, such as standing on one leg, walking in a straight line, or following a moving object with your eyes without turning your head.
However, your DWI attorney can argue that external factors influenced the outcome of the tests. For instance, the lawyer can say that your clothing during the arrest limited your walking style. They can also argue that you were uncomfortable because many people watched you take the sobriety test, hence the poor results.
Contact a law firm like Tri Cities Law Group to learn more.
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