When you have been investigated or arrested for any criminal offense such as Driving While Intoxicated (DWI), or any Felony Charge, you have an absolute right to be concerned. Facing criminal charges may be one of the most frightening things you have encountered. Some of the possible consequences that can result from a Driving While Intoxicated (DWI) conviction include the restriction or loss of a driver’s license, an increase in insurance costs, fines, court costs, a Driver’s License Surcharge of between $3,000.00 and $6,000.00, and even the possibility of jail. As you can see, Driving While Intoxicated (DWI) can be a very serious charge.
The law says that the County Attorney needs only to prove that after drinking you were not able to drive your car in a “normal” capacity. That sounds pretty cut and dried, but it is not quite as simple as that.
You see, if challenged, the County Attorney must also show all of the following:
DWI Criminal Defense Attorney - Immediate Jail Release That the arresting officer made the arrest properly,
DWI Criminal Defense Attorney - Immediate Jail Release That you were properly advised of your rights,
DWI Criminal Defense Attorney - Immediate Jail Release That the equipment the officer used to test you was working accurately,
and
DWI Criminal Defense Attorney - Immediate Jail Release Even that the person operating the equipment was certified to operate
the equipment.
Further, the officer that administers the “standard field sobriety tests” should have successfully completed the National Highway Traffic Safety Administration Standardized Field Sobriety Testing student class before administering these tests. I have successfully completed training for the National Highway Traffic Safety Administration Standardized Field Sobriety Testing. What does that mean to you? It means that in addition to grading you on your performance of the tests, I will also grade the officer to ensure that he or she conducted the tests properly. If the tests were not conducted properly, this can be disclosed to the County Attorney or the jury to show that the tests results were unreliable and should not be believed.
When you retain me I’ll insist that the County Attorney provide us with the names and address of anyone he plans to call as a witness as well as copies of every written or recorded statements of their testimony. This will allow us to prepare our questions of them.
I’ll insist that the County Attorney provide us with any information or material he has which could show that you are not guilty of the charges against you, or which may help you get a lighter sentence.
I’ll insist on receiving copies of any videos that show your sobriety tests, whether in the field or at the station.
I’ll insist on receiving copies of records showing that the equipment used for tests was functioning properly and that the person giving the tests was properly certified.
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