July 25, 2010

DWI Violations

To decide which defenses could be used in your driving while intoxicated (DWI) case, your legal representative will look at the evidence given by the law enforcement agency and interview witnesses. Some common defenses observed in DWI cases include:

Driving Observation Defenses

The prosecutor always relies (sometimes exclusively) on the arresting police officer’s testimony about how exactly a DWI suspect was driving, such as:

Very slow speeds
Uneven speeds (very fast, then very slow, for example)
Moving from one side of the lane to the other
Bridging the middle line of the road
Running a red light
Hesitation in going through a green light

A first rate defense attorney will argue that there are other reasons for these driving behaviors which don’t have anything related to being alcohol-impaired.

Behavior Observation Defenses

An official may additionally testify as to a DWI suspect’s appearance and behavior when questioned, including:

Slurred speech
Bloodshot eyes
Inappropriate joking or incoherent speech
Stumbling or not being able to walk very far
Pupil enlargement

Defenses to these observations that don’t have anything related to being inebriated might include:

Lack of sleep
Allergies
Contact lenses
Stress due to personal circumstances
Medications
Foods recently ingested
Nervousness over being stopped by police
Physical impairments

Field Sobriety Test Defenses

When a policeman suspects you could be too inebriated to drive, the officer will in all probability ask you to carry out what are called “field sobriety tests.” These tests are intended to assess your mental and physical alertness, and can include:

Walking a straight line
Walking backwards
Reciting the alphabet, frontwards or backwards
Standing on one leg

Officers additionally sometimes depend on what’s described as a “nystagmus” test, in which the suspect is asked to shift eye gaze from one side to the other while the officer shines a light in his or her eyes. The theory is that the gaze of somebody who is impaired by alcohol or drugs may be jerky rather than clean.

The defenses to field sobriety tests are often the same as with officer observations. Medications and lack of sleep will make it significantly more hard to perform these tests. A lot of people have physical impairments due to injuries – or just aging -making it impossible to do these tasks under ideal conditions.

Your lawyer may cross-examine the arresting officer in more detail as to whether the officer asked you if you had physical impairments or there have been particular circumstances that wouldmake it tough to perform the tests. Your lawyer could also point out to the jury that numerous jury members sometimes have similar difficulties performing the tests, for example by asking the jury if they could recite the alphabet backwards under the very best of circumstances.

For help with a Macon criminal defense, find a Macon criminal defense attorney.