A strong legal DWI defense is vital to protecting a defendant's rights and interests in a DWI case. A DWI is considered a serious offense that can result in the loss of numerous rights and privileges if the defendant is convicted. Incarceration, fines, probation, community service, drug and alcohol classes, and loss of driving privileges are just some of the penalties a DWI offender faces in a criminal case. Because so much is at stake after a DWI arrest, it is essential for a defendant to retain the best DWI defense attorney possible.
A DWI is the criminal offense of operating a motor vehicle while intoxicated. Intoxication can be the result of consuming alcohol, illegal drugs, inhalants, prescription medications, and even over the counter drugs. All states have adopted per se laws, making it unlawful to drive with a blood alcohol concentration (BAC) at or above a 0.08 percent (often much lower for minors). The prosecution is not required to prove beyond the defendant's BAC level that they are guilty of the crime. It is much more difficult to establish intoxication from other substances, as the standards for measuring drug intoxication are unclear or more difficult to meet.
A strong DWI defense can use these elements of the case to the defendant's advantage. While the prosecution may have evidence that a defendant's BAC was at or above the legal limit, the integrity and accuracy of the chemical test used to arrive at this evidence may be challenged in a strong DWI defense case. When a DWI case involves alleged intoxication from a substance other than alcohol, one's level of intoxication may also be questioned in a DWI defense case.
A strong DWI defense uses all feasible facts and evidence to the defendant's favor. The defendant in a DWI case has a number of rights guaranteed by the US Constitution (as a criminal defendant) and state law. An experienced DWI defense attorney can investigate the facts of a defendant's case to determine whether or not their legal rights were upheld throughout all DWI proceedings. If the defendant's rights were violated, a DWI defense may highlight these facts to the defendant's favor.
There are many elements of a DWI case that can act as aggravating factors in a subsequent DWI legal case. DWI aggravating factors can include: prior DWI convictions, an excessively high BAC (as defined by law), traveling at excessive speeds, DWI with a child in the car, involvement in an accident involving property damage or personal injury, and thing of this nature. When factors such as these are relevant to a defendant's case, a strong DWI defense is crucial to the defendant's future.
Legal representation from a qualified DWI defense attorney can benefit a defendant from the moment s/he is arrested for a DWI crime to the expungement of their DWI record years down the road. If you would like to learn more about building the strongest DWI defense possible in your case, please contact us to speak with a qualified DWI defense attorney who has a wealth of experience helping DWI defendants like you.
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