Driving while intoxicated (DWI) charges can lead to prison time, financial penalties and a loss of driving privileges. Motorists accused of DWI offenses often want to prove their innocence to avoid a criminal conviction and the penalties that might follow.
To successfully defend against DWI charges, defendants and their attorneys usually need to question the evidence presented by prosecutors or exclude certain evidence from criminal proceedings. There are typically three main types of evidence used in a DWI case, each of which may require consideration while planning for trial.
1. Video footage or witness statements
Proof of impaired driving often stems from a demonstrated difficulty with operating a vehicle in traffic. The dashboard camera footage of a police cruiser following a driver who swerves all over the road can raise questions about that motorist’s sobriety. Testimony from other motorists could also raise questions about whether a driver was actually sober enough to safely drive.
2. Field sobriety test results
When police officers suspect a driver of intoxication, they may ask them to step out of the vehicle to perform physical tasks. Field sobriety tests can strengthen claims that a driver was not fit to control a motor vehicle.
3. Chemical test results
Once police officers have enough evidence to arrest a driver, they ask them to submit to a chemical test. Post-arrest chemical testing, including breath tests, can show that a driver had a blood alcohol concentration (BAC) over the legal limit.
Fighting DWI charges requires an understanding of the process and often the advocacy of an experienced legal professional. Reviewing the state’s evidence with a defense attorney can help people understand their options.