After an individual has been charged with a Driving While Impaired (DWI), it is important to hire an attorney that can help defend against the charges. In order to defend against a DWI, an attorney often focuses on three different parts of the DWI process: the stop, the arrest, and the trial
In order for there to be a valid stop for a DWI, a police officer must be able to show that there was a reason to stop you. This is typically done through an officer showing that there was either reasonable suspicion for a stop. Without reasonable suspicion or probable cause, a police officer cannot stop you. If a police officer has stopped an individual without reasonable suspicion or probable cause, that police officer has violated the individual’s 4th Amendment right against unreasonable search and seizures. As such, the charges may be dismissed.
A police officer must also be able to justify an arrest for a DWI charge. To do this, the police officer must show that he had probable cause for the arrest. A police officer must be able to identify specific articulatable facts that support his belief that a crime has been committed. If the officer cannot show that there is enough reliable information that exists to support a reasonable belief that a person has committed a crime, there is no probable cause. Probable cause is established when looking at the totality of the circumstances: your driving, officer observations, and performance on field sobriety tests and chemical analysis test. Without probable cause, an arrest is invalid and therefore your charges will be dismissed.
Finally, during the trial, an attorney can try to defeat the DWI charge by showing that there is no reason for you to be guilty of the charge. This can be done by negating any element of the claim by showing that you are not guilty beyond a reasonable doubt or by showing procedural issues with the DWI charge. The reasonable doubt standard is the highest legal standard in our legal system and therefore, the most difficult to prove by the prosecutor.
If you have been charged with a DWI, it is important to retain a qualified DWI defense attorney to fight your case. As such, don’t hesitate to Contact Us at Minick Law, P.C. for a free consultation. We will zealously fight your charges in order to receive the best possible outcome of your case.