DWI law refers to state laws and city ordinances that make it a crime to operate a car after drinking alcohol or taking drugs. Most jurisdictions prosecute DWI in three different ways. Convictions can be based on blood alcohol concentration or per se evidence. The second prosecution type can occur when a defendant’s BAC isn’t available or is under the legal limit. Thirdly, the state can prosecute by showing the defendant was in control of the vehicle. DWI defendants can face mandatory driver education classes, license suspension, and other penalties. However, they do have constitutional protections, which makes it important to hire DWI Attorneys in Charles Town WV if one is accused of DUI.
Avoiding DUI Conviction
Criminal lawyers use a variety of tactics to beat DWI charges. From a prosecutorial standpoint, cases are more complicated when a defendant hires a lawyer. Discovery motions are filed right away, and the state must turn over all evidence. Based on that information, DWI Attorneys in Charles Town WV will form a defense by questioning elements of the state’s case.
Issues in DWI Cases
The traffic stop itself can be called into question. It is against constitutional law for a police officer to stop someone for a DUI if there’s no reasonable suspicion a violation has occurred. If the officer cannot frame the stop in a fashion that meets the legal standard, a defense attorney can suppress evidence collected during the stop, making the state’s case difficult to prove. DWI lawyers are trained to find protocol errors made by officers during field sobriety testing. These tests were created by NHTSA to detect drunkenness, and they are standardized. Blood testing is also an easy way for DWI Attorneys in Charles Town WV, to poke holes in a case, as is breath testing. The machines used to measure test results must be calibrated on a regular basis, and improper calibration can call test results into question.
Why Drivers Need a Lawyer When Facing DWI Charges
A person accused of a DWI will find a lawyer very useful where plea bargaining is concerned. A prosecutor knows that a case involving DWI Attorneys in Charles Town WV, will require the outlay of substantial resources, and they may offer a lighter sentence to keep the case out of court. If a trial occurs, the lawyer can use small errors in the state’s case to build reasonable doubt.
