A Discussion with JC Law
Driving While Intoxicated (DWI), also known as Driving Under the Influence (DUI) in some jurisdictions, is a serious offense that carries substantial penalties. However, unlike some crimes with clear-cut evidence, DWI cases often hinge on subjective observations and interpretations, making them potentially beatable in court with the right legal strategy. This article delves into the reasons why DWI charges are subjective, the factors that contribute to their contestability, and how you can navigate the legal process to achieve a favorable outcome.
The Subjectivity Inherent in DWI Charges
The legal definition of DWI typically involves operating a vehicle with a blood alcohol concentration (BAC) at or above a specific legal limit (e.g., 0.08% in many US states). While the BAC test itself appears objective, the path leading to it is often paved with subjective assessments. Law enforcement officers make crucial judgments throughout the arrest process, and these judgments are ripe for scrutiny.
Factors Contributing to the Subjectivity of DWI Arrests:
- Initial Stop: The initial reason for pulling you over can be subjective. An officer may claim a traffic violation like swerving or speeding, but these observations can be challenged, especially if there’s no corroborating evidence like radar readings or dashcam footage. Could the “swerving” have been due to road conditions, a momentary distraction, or even a mechanical issue with the vehicle?
- Field Sobriety Tests (FSTs): FSTs are a cornerstone of DWI investigations, but their accuracy is questionable, and their administration is highly subjective. These tests, such as the Horizontal Gaze Nystagmus (HGN), Walk-and-Turn, and One-Leg Stand, rely on an officer’s interpretation of your performance. Factors like fatigue, nervousness, medical conditions, and even simply being uncoordinated can affect your ability to perform these tests, leading to a false indication of intoxication. The officer’s training and adherence to standardized procedures are also critical, and deviations can undermine the validity of the results.
- Observations of Impairment: Officers often testify about their observations of your behavior, such as slurred speech, bloodshot eyes, or the smell of alcohol. However, these observations are easily influenced by personal biases and preconceived notions. Furthermore, many of these symptoms can be attributed to factors other than alcohol intoxication, such as allergies, fatigue, or medical conditions.
- The “Totality of the Circumstances”: DWI cases are often built upon a combination of factors, none of which, taken alone, might be sufficient to prove intoxication. The prosecution argues that the “totality of the circumstances” points to impairment. However, this approach opens the door to challenging the individual components of the case and arguing that the overall picture is misleading or incomplete.
How DWI Charges Can Be Successfully Challenged
Given the subjective elements in DWI cases, a skilled attorney can employ various strategies to challenge the charges and potentially secure a dismissal or acquittal.
Key Areas of Attack:
- Legality of the Stop: Was there a valid legal basis for the initial traffic stop? If the officer lacked reasonable suspicion or probable cause to pull you over, any evidence obtained subsequently, including FST results and breathalyzer/blood test results, may be suppressed, effectively gutting the prosecution’s case.
- Administration of Field Sobriety Tests: Were the FSTs administered correctly, following standardized procedures? Did the officer properly explain the instructions? Were environmental factors (e.g., uneven ground, poor lighting) considered? Any deviations from established protocols can cast doubt on the reliability of the test results.
- Accuracy of Chemical Tests: Breathalyzer and blood tests are not infallible. Breathalyzers can be affected by factors such as mouth alcohol, medical conditions, and improper calibration. Blood tests can be compromised by improper handling or storage of the sample. A skilled attorney can challenge the accuracy and reliability of these tests.
- Challenging the Officer’s Observations: An attorney can cross-examine the officer about their observations, highlighting any inconsistencies, biases, or alternative explanations for your behavior. For example, nervousness during a traffic stop can easily be misinterpreted as a sign of intoxication.
- Presenting an Alternative Explanation: You have the right to present an alternative explanation for the evidence against you. This could involve presenting witnesses who can testify about your sobriety, demonstrating a medical condition that mimics intoxication, or highlighting factors that could have affected your performance on FSTs.
Specific Strategies for Challenging DWI Charges
Here are some specific legal strategies that can be used to challenge DWI charges:
- Motion to Suppress Evidence: This motion seeks to exclude illegally obtained evidence from being presented at trial. For example, if the police conducted an illegal search or seizure, any evidence obtained as a result of that search (e.g., drugs, alcohol) could be suppressed.
- Cross-Examination of Witnesses: This is a crucial tool for challenging the credibility and accuracy of the prosecution’s witnesses, including the arresting officer. A skilled attorney can expose inconsistencies in the officer’s testimony, highlight biases, and challenge the officer’s interpretation of events.
- Expert Testimony: Expert witnesses can be invaluable in challenging the scientific evidence presented by the prosecution. For example, a toxicologist can testify about the limitations of breathalyzer tests or the factors that can affect blood alcohol concentration.
- Negotiation with the Prosecutor: In many cases, it is possible to negotiate a plea bargain with the prosecutor. This could involve pleading guilty to a lesser charge, such as reckless driving, in exchange for a reduced sentence.
The Importance of Legal Representation
Navigating the complexities of DWI law requires the expertise of a qualified attorney. An experienced DWI lawyer can:
- Thoroughly investigate the facts of your case.
- Identify potential weaknesses in the prosecution’s case.
- Develop a strong defense strategy.
- Negotiate with the prosecutor on your behalf.
- Represent you at trial, if necessary.
The Subjective Nature of DWI: A Summary Table
| Element of DWI Arrest | Subjectivity Involved | Potential Challenges |
|---|---|---|
| Initial Stop | Officer’s interpretation of driving behavior (e.g., swerving, speeding) | Challenging the validity of the traffic stop based on lack of reasonable suspicion or probable cause. |
| Field Sobriety Tests | Officer’s assessment of performance; impacted by factors other than alcohol (e.g., anxiety, medical conditions, environment). | Challenging the administration of the tests, the officer’s training, and the validity of the results based on individual factors and environmental conditions. |
| Officer Observations | Subjective interpretation of physical symptoms (e.g., slurred speech, bloodshot eyes) | Providing alternative explanations for observed symptoms; challenging the officer’s objectivity and potential biases. |
| Chemical Tests | Potential for errors in calibration, administration, and interpretation. | Challenging the accuracy and reliability of breathalyzer or blood test results; questioning the handling and storage of samples. |
| “Totality of Circumstances” | Cumulative assessment of subjective observations and test results. | Deconstructing the individual components of the case and arguing that the overall picture is misleading or incomplete. |
Frequently Asked Questions (FAQs)
- What is the legal BAC limit for DWI in most states?
The legal BAC limit is typically 0.08%. - What are Field Sobriety Tests (FSTs)?
FSTs are roadside tests used by law enforcement to assess a driver’s impairment. Common FSTs include the Horizontal Gaze Nystagmus (HGN), Walk-and-Turn, and One-Leg Stand. - Can I refuse to take a breathalyzer test?
In many states, refusing a breathalyzer test can result in immediate suspension of your driver’s license under “implied consent” laws. However, the specific consequences of refusal vary by jurisdiction, and you should consult with an attorney to understand your rights. - What should I do if I am pulled over for suspected DWI?
Remain calm, be polite to the officer, and politely decline to answer questions beyond providing your driver’s license, registration, and insurance information. Do not perform any field sobriety tests without first consulting with an attorney. Contact a DWI lawyer as soon as possible. - Can I beat a DWI charge even if my BAC was over the legal limit?
Yes, it is possible. A skilled attorney can challenge the accuracy of the BAC test, the legality of the stop, or other aspects of the case.
Conclusion
DWI charges, while serious, are often based on subjective interpretations and assessments. By understanding the factors that contribute to this subjectivity and employing a strategic defense with the help of an experienced attorney, you can significantly increase your chances of successfully challenging the charges and achieving a favorable outcome in court. Don’t navigate these complex waters alone; seek professional legal guidance to protect your rights and your future.
Call JC Law for a discussion about your situation.
