It is customary for People who commit Driving While Intoxicated (DWI) to incur the risk of being heavily punished by the law. Nonetheless, if a robust defence is mounted, this may impart a balance and lead an advantage to the end.
1. Know the Rights and the Law Govern You.
Giving you a brief explanation of your rights while courts try you for DWI is very important. The clarification of your rights in context is also part of this concern. It includes your right to legal representation, right to silence, and right to dispute the evidence against you. Acquaint yourself with the local DWI laws in your area and those covering the legal BAC level and the punishment one could receive for a conviction.
2. Decide whether or not the circumstances surrounding the arrest line up with your own experiences.
Take care reviewing the functions that lead to your arrest. Through Police practice, was due procedures in the activities? Did the search or seizure procedures include violation of any constitutional rights, for example: no-pet investigations? In these cases, any unusual arrest issues, such as police stop, search, may be used on the defense.
3. Validate the Accuracy of the BAC Test Procedure
A BAC measurement is made by many means, by blood or breath or urine analyses in DWI cases. The tests are not correct, but they can be the subject of errors and imprecisions to some degree. Your Denton County criminal defense attorney could call those aspects of the breath testing procedure into question, including reliability of the testing equipment, the qualifications of the technician administering the tests, or conditions of the testing samples.
4. The most controversial aspect is the question of motives and policing conduct.
For officers to be able to legally detain you on suspicion of DWI, they should have sufficient grounds to believe that your ability to drive has been compromised. Some of your defense may involve challenging the officer’s view of the things, disputing any field sobriety tests that are conducted, or having questioning whether the contact was legal or otherwise. To a certain extent, any absence of what is probable could make the prosecution even weaker.
5. Explore Alternative Explanations
Sometimes the impairments may be related to other factors, other than intoxication, that resemble the mimicking behavior. Probably for certain diseases, fatigues, medications, etc., somebody isn’t supposed to have a good result or display an obvious intoxication sign. The table of law may furnish incompatible explanations that will keep your behavior and the physical appearance at the moment of the detention from being judged or analyzed as those that lie outside the normal range of behavior.
6. Present Mitigating Factors
It gives a chance to your DUI vs DWI lawyer to argue for leniency during sentencing if this is your first DWI offense and no criminal record or if justifiable circumstances led to the accident. Overcoming this obstacle may involve admission to addiction treatment communities or committing to community services – any steps you make to work on any underlying problem will decrease the future likelihood of the crime.
7. Be a Strong Defense Maker
The defense strategy of your lawyer will be based on your case’s nuances. This is why, your lawyer will establish a customized strategy that will be used to discredit evidence presented by the prosecution and protect you from violations of your rights. Such strategy can entail interviewing witnesses, getting assistance from expert witnesses, and filing the motion to exclude evidence, and dismiss derogatory charges. The attorney-client relationship plays a key role in the defense procedure and therefore an open communication between you and your attorney is essential.
Contact our experienced DWI attorney
To seek the best possible outcome in your case contact our experienced DWI Brent D. Bowen Denton DWI Attorneys At Law.
