In the defense of almost any type of criminal case, the question to be addressed may be what is the strength and validity of the defense being claimed for the action that happened. There is usually more involved for both the prosecution and defense than a clear-cut, black-and-white, guilty or not guilty verdict, especially when considering any extenuating circumstances as well as all the other details that could have influenced the events that happened in Bryan or College Station Texas. The defense of DWI/DUI often appears to many as if there is no good justification for an action that blatantly broke the law and put lives in danger; however, as with everything else, there are not only two sides to every story but a lot of important details to be determined as well.
Defense of DWI/DUI – The Difficulties
It often seems pretty straightforward regarding arrests made for driving while intoxicated. Someone consumed alcoholic beverages, drove while intoxicated, and a traffic stop happened for some reason – or even worse, an accident happened. After field sobriety testing to check blood alcohol content, the driver was found to be over the legal limit and removed from the scene by law enforcement personnel to be officially charged with driving while intoxicated. Appears to be a simple case of cause and effect – drinking and driving resulted in charges and punishment should be assigned according to the severity of the act.
What is not so obviously apparent is that alcohol related charges can be considered criminal acts in Bryan and College Station and result in severe penalties. Fine assessments and loss of a driver’s license for a period of time is only the beginning of what an accused might face. In a worst-case scenario, if property was damaged or people injured as a result of the reported action, a person convicted of DWI or DUI can end up spending nearly the rest of their life paying for such an action.
It takes the efforts of a criminal defense attorney to protect an accused from being wrongfully convicted of DWI or DUI that could have a devastating affect on an individual or family.
Defense of DWI/DUI – The Stop and Arrest
Every law enforcement department has procedures in place to standardize driver arrests for one very important reason – to judge all incidents using the same methods and tools. Certain training must be given to those law officials who will conduct different types of vehicle stops and arrests as well as administer the field sobriety testing to determine BAC in the field.
Every stop and arrest must be properly conducted as must all testing; all equipment used must be shown to be properly used and maintained. These are the first areas in the defense of DWI/DUI that a representing attorney will investigate when looking for any way in which to challenge an arrest and subsequent charges.
Defense of DWI/DUI – Other Possible Factors
In addition to the stop, arrest, and field-testing, there are many other factors that could be recognized as having the ability to affect the defense of DWI or DUI, including the following:
- Reasonable Suspicion – A stop and arrest may be challenged If the arresting official did not have reasonable suspicion to stop a car. Weaving between lanes, faulty driving to a certain extent, and other non-related reasons are not necessarily valid reasons for a vehicle to be stopped. It is also possible to challenge reasonable suspicion if the involved person feels that social or ethnic profiling affecting stopping the vehicle.
- Medical Condition – Certain medical conditions or any medication prescribed to control such a condition can affect field sobriety testing and driver behavior or appearance, which can be used as a defense of DWI/DUI.
- Sobriety Test Baseline – In order to perform any field sobriety testing to determine BAC, law enforcement departments must have current equipment; training of use of such equipment, and legal documentation of an established baseline for the different tests that will be administered.
- False Positive – Breath analyzers and other electronic devices can malfunction or be incorrectly calibrated, resulting in false positives and subsequent false arrests. This can be challenged as a defense of DWI/DUI.
The goal of any legal proceeding is to see that both sides of a case are fairly presented. Anyone charged in Bryan or College Station with a criminal offense is legally entitled to be judged fairly and all rights protected. The defense of DWI/DUI charges rely upon the dedicated work of criminal defense attorneys to be sure a valid defense has been presented and fairly considered by the court of law that will determine a guilty or non-guilty verdict – this is a vital element of the legal justice system of the United States!