June 28, 2017

Is a DWI Charge Ever Wrong?



It seems like a pretty clear-cut case. If you’ve been shown to be driving while impaired (DWI), then you should obviously be charged and sentenced. But you shouldn’t assume that just because someone is arrested for DWI that they’re guilty. You also shouldn’t assume that the arrest is actually allowed by the law.

Understanding the severity of a DWI charge

You may be wondering why I’m using the lesser-known term DWI instead of DUI (driving under the influence). Well, this article, technically, applies to both. But oddly enough, a DWI is actually the one we should concern ourselves with more. In some states, DUI charges related only to narcotics charges. In others, a DUI charge occurs when someone was just below or at the legal limit. In such a state, a DWI charge occurs when someone is actually over the limit.



So, contrary to popular belief, DWI more accurately describes driving while over the legal limit. Read more at http://dui.drivinglaws.org/

Why legal help is a necessity

Some people wonder why a lawyer would ever come to the aid of someone charged as such. Well, it’s because – as I’ve implied – the charge may not be fair or justified. If someone shouldn’t have been charged, then we’re looking at a particularly horrendous situation. After all, a DWI charge can see you lose your job, lose out on future job opportunities, or even go to jail. Read more at http://www.roachlawoffice.com/.

When science fails

So the breathalyzer test ‘confirmed’ that you were drunk while you were driving. That makes it seem like an open-and-shut case, right? Well, not so fast. You’re assuming that DWI breath tests are never wrong. You seem to forget that a breathalyzer is a handheld technology made by humans. As such, it actually isn’t correct 100% of the time. In fact, there’s a margin of error of 40-50% with breathalyzers. That isn’t a negligible amount. That’s huge.



Unfortunately, the police make it extremely difficult for lawyers to prove that the device either does or doesn’t work. The system is designed to make it very difficult. Read more at https://www.motorists.org/.

Charged with a DWI without being seen driving

It’s called driving while impaired/intoxicated, right? So it should stand to reason that the police must have arrested you because they caught you, y’know, driving while intoxicated. Well, not exactly. Many have been arrested despite the fact that they weren’t actually driving. However, you need to be careful with such a defence.



Let’s say you’re drunk. You’re in your car; perhaps you’re only in the backseat. Your keys are in your pocket. The car isn’t running. If the police catch you in this state, they are likely to hit you with a DWI charge. However, as the vehicle wasn’t in operation, you’ll probably win the case. But let’s say you’re in the front seat, with the keys in the ignition and your hands on the wheel. The car is parked, but you’re not driving. However, the vehicle is, technically, in operation. A lawyer could help you beat the charge, as you weren’t witnessed driving. However, it’s important to appreciate that you definitely looked ready to do it!

Posts Related to this Article: