If you've been arrested and charged with driving while intoxicated (DWI), you may still be in a state of shock. You may only have so much time to get things together for your upcoming court dates, however. Don't waste too much time worrying about how things will go. Only a consultation with an attorney can answer that question. Having an attorney helps those arrested for DWI in many ways. Here are just a few examples of why you need a DWI defense attorney.
Taking a Look at the Legal Aspects of the Arrest
Things have to be done to the letter of the law and that starts at the beginning of the arrest. There are several points along the way that call for things to be done right and a defense attorney will examine the footage the arrest report to tease out anything illegal about the stop and the roadside actions.
1. The stop—you cannot be stopped because law enforcement thought they recognized you from another DWI stop. There must be a legal reason for the stop. Often, the driving behavior of the suspect is the reason but it can also be things like equipment issues, breaking a traffic law, and more. If your attorney determines that there was no probable cause for making the stop, the case comes to a full stop and your charges may be dropped.
2. The field sobriety tests—The results of the field sobriety tests often mean an arrest is next. These tests are fine for those in perfect health but those with muscle, nerve, or neurological issues can fail the tests. If you can show proof of a medical disorder, your attorney may be able to get your charges dropped.
3. The blood alcohol concentration (BAC)—The officer administrating this test must be certified and the machine must be calibrated. Your attorney may also use what is known as the rising BAC as a defense.
Negotiating a Plea Bargain
With almost all cases being resolved using a plea bargain, those arrested have to know what they are doing or they have to hire a DWI defense attorney. Some plea bargains represent good deals for defendants, but many do not. The state has the evidence and it's up to you and your lawyer to know what they have on you. Only then can you decide on a plea bargain. Defendants need to be completely honest with their lawyers about the stop and arrest. Otherwise, the decision about the plea bargain and proper preparation for trial won't be possible
For more information about what a defense attorney can do for your DWI charge, make an appointment today.