The US law strictly prohibits anyone to drive a motor vehicle when he is intoxicated with alcohol. In some states, this violation is called Driving Under the Influence or DUI while in other places, this is known as Driving While Intoxicated or DWI. Drivers who are arrested as DUI or DWI suspects usually hire the services of a certified DWI lawyer. This attorney can defend them in related cases, and also represent them during legal procedures.
A DWI lawyer is, primarily, an attorney with the license to practice law where the suspected offense happened. Just as other legal professionals specialize in cases involving personal injuries or domestic violence, DWI lawyers choose to focus on cases concerning people that have been accused of drunk driving. In general, this means that these lawyers are well versed with the language as well as the application of the DWI laws of the state. They are confident that they can successfully defend their client and win the case.
A county deputy or police officer who is on duty can assess whether or not a driver is too drunk to drive, based on his/her behavior on the street. While the traffic is on a stop, the officer can let the driver undergo a couple of field tests to determine his/her response time, coordination and coherence. When the officer finds out that the driver is too drunk with alcohol to drive properly and safely, the driver will be asked to puff into a breathalyzer. This machine has the capacity to measure the amount of alcohol in the bloodstream of an individual.
In case the test results fall in between.08% to.10%, the driver can face DWI charges and can be brought to a police station to undertake a blood test. He can be detained in jail from a few hours to a number of days, until he/she appears for the first time before a judge. By this time, the suspect can hire the services of a DWI lawyer to represent him/her during the trial, and in the meantime, arrange for his/her release before the said date.
The process of establishing the legal impairment of a person while driving may be simple. However, it is usually more challenging to successfully prosecute a DWI suspect. In this regard, a DWI lawyer has to study the necessary documents and test results related to the case. In addition to this, he will invite certain people for questioning, such as the suspect, possible witnesses, arresting officer and lab technicians to know the chain of events, and gather evidence.
While the case is on trial, a DWI lawyer can interrogate the officer regarding the legality of the arrest, and perhaps ask if he has clearly pointed out the rights of the defendants, as an example. The field tests that showed intoxication may have been carried out under unfavorable conditions or uneven ground. During the traffic stop, the defendant may have been over fatigued or suffering from health issues, like hypoglycemia or diabetes.
Source by Karina Popa