Looking at a case like a DWI lawyer does can be very helpful. If you're trying to figure out how to respond to a charge, these are four of the biggest items to consider.

How the Cops Got to Probable Cause

Before the police can arrest and charge someone with a DWI, they have to get to establish a reason for being suspicious of drunk driving in the first place. This starts with a standard known as reasonable suspicion. A police officer has to have a reasonable reason to detain and question you, such as repeatedly swerving across the yellow dividing line on the road while driving. Upon detaining you, they have a few minutes to establish cause to administer a field sobriety test and a breath analysis. If they don't establish this greater level of suspicion, probable cause, they have to cut you loose.

When a police officer arrests someone without a warrant, they have to file an affidavit explaining how they determined a crime might have been committed. A DWI attorney will read through the affidavit and try to poke holes in why the traffic stop occurred. For example, if the stop happened because of a speedometer reading made while trailing a suspect, counsel may question the legitimacy of the reading. This is especially the case if the affidavit reflects no other reason for a stop.

Evidence

With the proliferation of cameras everywhere, video and audio evidence are the next tools a DWI lawyer usually reaches for. They'll want to see any body cam or dashcam footage of the stop to identify if the police followed proper procedures. Other footage, such as personal cellphone and other videos from nearby surveillance systems may also be obtained.

Equipment Issues

The police are required to catalog and test their equipment regularly. The logs the cops keep can be used to identify how often tests have been performed, whether a unit has needed lots of recalibration and even how many cases a system has been involved in. If a particular breathalyzer unit seems to yield abnormally high arrest rates, for example, that will be brought to the court's attention with a request for a dismissal.

Alternative Explanations

Medical explanations for readings on breath and blood tests are viable defenses in some cases. Auto brewery syndrome, for example, is a relatively rare condition where a person's gut bacteria ferment massive amounts of alcohol.

If you're pulled over for a DWI, thinking like a lawyer can help you prepare for your defense. Plus, it's smart to hire a lawyer.

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