DWI — Defenses
Defending a DWI is extremely complicated and complex. All relevant information must be carefully and thoroughly evaluated so that the best opportunity for a positive outcome of the case can be achieved. A skilled, experienced and knowledgeable attorney is in the best position to evaluate your case.
Among the many factors that should be considered in evaluating and defending a DWI are:
- 1. The client’s background and medical history;
- 2. What the client was doing prior to being stopped;
- 3. The reason for the stop;
- 4. The officer’s observations;
- 5. Review of the onboard video;
- 6. The officers’ offense report and other required documentation;
- 7. Performance of field sobriety tests;
- 8. Everything the officer said during the stop, arrest and transport to the jail;
- 9. Everything the client said during the stop, arrest and transport to the jail;
- 10. Every detail concerning warnings, notices and reading of Miranda rights;
- 11. Every detail relating to the taking of breath or blood specimens;
- 12. Witness information (and especially, lack of witness information when witnesses were present);
- 13. A thorough evaluation of the facts;
- 14. An understanding of constitutional and statutory rights;
- 15. Looking for inconsistent statements by the arresting officer;
- 16. Failure to conduct field sobriety tests according to established protocol;
- 17. Failing to take specimen of blood or breath in the required manner;
- 18. Experience of prosecutor;
- 19. The judge who will hear the case;
- 20. Experience of the arresting officer