If you have been arrested for driving while intoxicated (DWI) and you are innocent (and even if you aren't) one of the first things that should be on your mind is hiring a lawyer. The information here will help you to understand just some of the facts you may have on your side and why a lawyer is so important.
Police must have probable cause
A police officer can't just decide to pull you over hoping that they will be able to catch you doing something wrong and then arrest you for driving while intoxicated. They need to have probable cause and if they didn't, then this is something that your lawyer will be able to use to defend you in court. A couple of examples of times when a police officer likely wouldn't have probable cause would include:
The officer didn't witness you driving – If you have the police show up at your home and tell you that they had a phone call come in to report you driving erratically earlier and they suspect you were drinking and driving, then this wouldn't give them probable cause. Even if you are stumbling around your house with a strong smell of alcohol on your breath when they arrive, they can't just assume it means you were drinking earlier in the day and the person was right in their assumption that you were driving drunk.
The officer doesn't have proof that you were driving – If officer witnesses a car swerving and moving as if it is being driven by someone under the influence, but by the time they get close enough to see what's going on, there are a bunch of people standing around the car that all look similar, then they won't know for a fact who was driving. If some of you have been drinking and some haven't and no one confesses to being the one driving the car, then this would make for an extremely weak case if you were arrested and went to court with a lawyer.
Field tests are designed to cause you to fail
If an officer has arrested you for driving while under the influence of drugs or alcohol and their case relies heavily on the fact that you failed the field sobriety test, then a lawyer can use this to your advantage. These tests are so hard for a sober person to pass that this can work in your favor. For example, one test watches for your eyes to jump when an item is moved in front of your field of vision. However, there are dozens of reasons people's eyes can jump that have nothing to do with them being under the influence of anything.
Conclusion
Now that you have a little better of an idea of some of the things a DWI lawyer can use for your defense, you will see why it is so important for you to call one as soon as you can after your arrest.
Share27 April 2020
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