Every DWI arrest has four distinct phases: traffic stop and interrogation; administering the three field sobriety tests; reviewing the DWI questionnaire; and giving the individual accused of drunk driving the option of taking the “breath test.” To maximise the odds of escaping a DWI conviction, your DWI criminal defence lawyer must be expert at investigating all four of these elements. So, with that in mind, let’s take a look at each of these four steps and how a professional DWI attorney might assist you with your drunk driving arrest. If you successfully challenge the state’s DWI case at either of these points, the facts in the case could be thrown out of court or, if allowed, an acquittal exonerating you of the charge of drunk driving.
Traffic Stop for DWI
In order to find alleged drunk drivers, police patrol the highways and hang out in parking lots near famous bars. Police officers cannot simply detain or apprehend anyone who exits a bar. To begin their drunk driving investigation, they must witness them committing a minor traffic infraction. Many DWI inquiries start with someone “touching the centerline” of the highway or failing to use their turn signal while making a normal lane change. Many police vehicles, thankfully, are equipped with video cameras that document the incidents leading up to the traffic stop. A good criminal defence lawyer will examine the video tape and see whether the police officer was able to establish a traffic violation correctly. If the officer is incorrect, the criminal defence attorney will file a motion to suppress the facts, arguing that the case should be dismissed because the police lacked probable cause to arrest you, and that any proof of your intoxication should be withheld because the arrest was made illegally.