Driving while intoxicated (DWI) or driving under the influence (DUI) is a serious offense in all fifty states. In addition to the danger you pose to yourself and others, you also expose yourself to severe penalties. These penalties include onerous fines, court costs, insurance surcharges, motor vehicle surcharges, loss of license and jail. In some states, the penalty also includes a felony on your record. Since these penalties are significant and create a negative record that could affect your ability to get jobs, insurance and more, you should consult an experienced attorney who is dedicated to the field of DWI/DUI defense.
Legal Practitioners in DUI and DWI
Practitioners in the field of DWI and DUI will look at all aspects of your case and examine the police accounts in great detail. They are well versed in the rules of evidence and will make every attempt at helping their clients through their attention to often overlooked details. You need this level of legal counsel because driving under the influence cases can be the most difficult ones in which to obtain a successful outcome. Driving under the influence (also known as Operating Under the Influence and Operating While Intoxicated) is a highly politicized offense that most judges do not want to be perceived to be treating leniently. These judges are often overseen by special committees that check their decisions and ask for legal reasons someone was not convicted. They are also under intense pressure from groups like Mothers Against Drunk Driving (MADD) to have high conviction rates. Many judges also obtain election campaign funds from MADD. Based on these facts, it is easy to see why it would be very difficult to win one of these cases—the odds are clearly heavily stacked against the accused.
There are other reasons that you need a DWI/DUI practitioner. For example, most police officers and state troopers build their careers on drunk driving convictions. Police departments and state treasuries now derive a significant revenue stream from DUI/DWI convictions. They are not about to forego this revenue source in favor of leniency. It is because of these negative odds that you need excellent legal counsel.
NHTSA Field Sobriety
When hiring a DWI/DUI lawyer, you should also keep in mind that a good DWI/DUI legal practitioner must we well versed on many things. Besides having intense experience in the rules of evidence, the lawyer must also rigorously understand the field sobriety tests that are approved by National Highway Traffic Safety Administration (NHTSA). There are many tests that police officers use that are not approved and have not been proven to be scientifically reliable in establishing probable cause. The best DWI/DUI lawyers will know which ones they are and will make sure that you were not arrested using tests that are not valid.
Experienced DWI/DUI lawyers will also understand the physical aspects of alcohol absorption and elimination in the human body and will often be able to calculate if tests taken at different times reflect the science of absorption and elimination correctly. This can often be used as a good defense in court. These lawyers will also have training and experience in the maintenance and repair of breath testing equipment. In fact, there are some legal experts who own working breath testing machines used in their states and use them for training purposes and in the defense of their clients. Not all attorneys have invested in knowing every aspect of DWI/DUI law, the validity of various roadside tests that NHTSA has approved and the scientific processes related to the human body and the testing equipment. You must find one who has made that investment. Your life depends on it.
This web site is designed as a resource for you. You can read about the laws in your state, find an attorney to represent you or even find links to rehab facilities that can help you if you have an alcohol addiction or other substance abuse problem.