Driving a motor vehicle while under the influence of intoxicants such as alcohol is strictly prohibited by law in all 50 states. This kind of violation is referred to by some states as DWI or Driving While Intoxicated, while others call it DUI or Driving Under the Influence. By getting the services of a DWI attorney, drivers who are arrested for suspicion of DUI often get professional help. A DWI lawyer is someone who specialises in these types of cases and is well-experienced in representing individuals in legal proceedings who are accused of this.Learn more by visiting The Law Offices of David C. Hardaway-DWI Attorney
A DWI attorney is a person who is licenced in the state where the alleged offence occurred to practise law. Specializations in personal injury or domestic violence cases may also apply to this type of attorney. He has mastered the language and the application of the DUI laws of the state and is confident that he will be able to defend a customer against the charges brought against him.
A patrol police officer can observe a driver’s erratic behaviour on the road and may assume he or she is too intoxicated to be able to drive safely. The officer may conduct various field tests when the driver is pulled over, which are intended to measure the coherence, reaction time and coordination of a driver. If the officer believes the driver is too intoxicated by alcohol or drugs, he or she is asked to blow into a portable breathalyser, a device designed to measure the percentage of alcohol in the bloodstream of a person. The driver can be charged with DUI if the results are above a set percentage, usually between 0.08 and 0.10 percent, and is brought to the police station for a blood test. The driver may be put in a holding cell for a few hours to several days until he or she appears before a judge for the first time. He or she can then seek help from a DUI lawyer after this occurs. Pending the trial date, the lawyer should help his client arrange for his release.
It is often a simple process to determine the legal violation of a person on the road, but it is much more challenging to successfully prosecute him for DUI. The attorney will take a look at all the documentation as well as the test results that are related to the case. In order to have a good understanding of how things happened and how the evidence was handled, he would also interview the arresting officer, any witnesses, laboratory technicians, and the defendant. The lawyer can question the legality of the process that was performed by the arresting officer during a trial. The officer may have failed, for instance, to inform the defendant of his rights. Furthermore the field tests carried out may have been carried out on uneven ground or in circumstances that are not ideal for such conditions. It is also possible that when he was pulled over, or was affected by a certain disease such as diabetes or hypoglycemia, the driver was too exhausted.