| In deciding which defenses could apply in
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| | tasks under ideal conditions.
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| your DWI case, your lawyer will look at
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| | Your lawyer may cross-examine the
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| all the evidence produced by the police
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| | arresting officer in detail as to whether
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| and interview witnesses. Some common
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| | the officer asked you if you had physical
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| defenses seen in DWI cases include:
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| | impairments or there were particular
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| Driving Observation Defenses
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| | circumstances that would make it
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| The prosecutor always relies (sometimes
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| | difficult to perform the tests. Your
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| exclusively) on the arresting police
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| | lawyer may also point out to the jury
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| officer?s testimony about how a DWI
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| | that many jury members may have similar
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| suspect was driving, including:
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| | difficulties performing the tests, such
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| Very slow speeds
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| | as by asking the jury if they could
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| Uneven speeds (very fast, then very slow,
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| | recite the alphabet backwards under the
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| for example)
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| | best of circumstances.
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| Weaving from one side of a lane to the
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| | Blood Alcohol Content Defenses
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| other
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| | When you consume alcoholic drinks, the
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| Crossing the center line of the highway
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| | alcohol is absorbed into your blood
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| Running a red light
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| | stream. The level of alcohol in your
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| Hesitation in going through a green light
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| | blood, called the Blood Alcohol Content
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|
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| | (?BAC') can be measured by different
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| A good defense attorney will argue that
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| | tests. In most states, you?re presumed to
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| there are many different explanations for
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| | be drunk and unable to safely operate a
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| these driving behaviors that don?t have
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| | vehicle if your BAC is .10 or greater.
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| anything to do with being
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| | This measurement means that your blood
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| alcohol-impaired.
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| | contains ten/ one-hundredths percent of
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| Behavior Observation Defenses
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| | alcohol.
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| An officer may also testify as to a DWI
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| | Some states have lowered the BAC level
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| suspect?s appearance and behavior when
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| | defining intoxication to .08, and many
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| questioned, including:
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| | states have ?zero tolerance' laws that
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| Slurred speech
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| | make it illegal for people under 21 to
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| Bloodshot eyes
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| | operate a vehicle with any amount of
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| Inappropriate joking or incoherent speech
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| | alcohol in their blood.
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|
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| | Many states also have stiffer penalties
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| Stumbling or not being able to walk very
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| | for driving with a BAC higher than .15 to
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| far
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| | .20.
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| Pupil enlargement
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| | Your BAC can be determined from a blood
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| Defenses to these observations that don?t
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| | draw, which is often automatically taken
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| have anything to do with being
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| | if you are involved in an accident and
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| intoxicated may include:
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| | there is a suspicion that you may have
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| Lack of sleep
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| | been drinking. Your blood will also be
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| Allergies
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| | drawn if you are taken to the hospital
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| Contact lenses
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| | because the police are concerned that you
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| Stress due to personal circumstances
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| | may have had so much to drink that you
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| Medications
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| | are in danger of alcohol poisoning and
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| Foods recently ingested
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| | should be hospitalized for observation
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| Nervousness over being stopped by police
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| | and/or treatment.
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| Physical impairments
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| | Most DWI suspects have their blood tested
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| Field Sobriety Test Defenses
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| | by blowing into a breath testing device.
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| When an officer suspects you may be too
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| | These devices can be faulty and not
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| intoxicated to drive, he or she will
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| | well-maintained or properly calibrated.
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| likely ask you to perform what are called
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| | They can register false results based on
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| ?field sobriety tests.' These tests are
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| | your consumption of food and other
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| designed to assess your physical and
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| | non-harmful substances other than alcohol
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| mental alertness, and can include:
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| | or drugs.
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| Walking a straight line
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| | Your attorney will likely subpoena police
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| Walking backwards
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| | records on how the breath testing machine
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| Reciting the alphabet, frontwards or
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| | operates and was maintained and
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| backwards
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| | calibrated. Your lawyer may also want to
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| Standing on one leg
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| | bring in expert testimony that the
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| Officers also sometimes rely on what?s
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| | particular breath testing machine the
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| called a ?nystagmus' test, in which the
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| | officer used is notorious for
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| suspect is asked to shift eye gaze from
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| | malfunctioning.
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| one side to the other while the officer
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| | Another defense to breath testing
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| shines a light in his or her eyes. The
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| | machines arises when the physical breath
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| theory is that the gaze of someone who is
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| | tests aren?t preserved as evidence,
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| impaired by alcohol or drugs will be
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| | allowing for independent testing later.
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| jerky rather than smooth.
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| | Your attorney can argue that there?s no
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| The defenses to field sobriety tests are
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| | way to know if the machine that was used
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| often the same as with officer
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| | was accurate, if your breath samples
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| observations. Medications and lack of
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| | can?t be independently tested.
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| sleep can make it considerably more
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| | Many of the defenses against DWI charges
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| difficult to perform these tests. Many
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| | require a lawyer?s expertise and
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| people also have physical impairments
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| | experience. If you?ve been charged with
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| caused by injuries - or simply aging
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| | DWI, it?s important to contact a lawyer
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| -that make it impossible to perform these
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| | right away.
|
