Practice Areas
Drunk Driving
DWI/DUI have serious consequences.
Differences between "DWI" and "DUI"?
Both terms represent operating a vehicle after consuming enough alcohol to register an alcohol level the consequence of which is arrest.
Penalties for DUI/DWI depend on whether first, second, or subsequent conviction.
Possible penalties are:
- Conviction(s) with jail or prison time
- Fines
- Screening for drug abuse
- Community service
- Suspension of driver's license
- Point charges and revocation of the license for a period of time
DUI/DWI Trial Process & Defenses
If you've been arrested and charged with "driving under the influence" ("DUI") or "driving while intoxicated "("DWI"), you definitely need a lawyer to defend you in court. The following is what may happen to you in court.
Arraignment
The first hearing is likely an arraignment. After reading the charge against you, the judge will ask whether you plead guilty or innocent.
The judge will decide release and bail.
The prosecutor will give attorney copies of police reports and documents the prosecutor wants to use against you.
Preliminary Hearings
At a preliminary hearing, the judge will be decide whether the evidence against you could convince a jury you were driving while intoxicated. While procedures differ from state to state, it can be your attorney's opportunity to know the prosecution's case.
An attorney can also reach a deal where one pleads guilty for a less severe sentence than if the case went to trial.
Moreover, the Court may delay judgment until completion of probation and then dismiss case.
Pre-Trial Motions
Attorney may bring motions to have evidence kept out of trial. Examples of such evidence include:
- Physical evidence such as alcohol bottles confiscated from the car
- Blood alcohol content testing results
- Statements you may have made to the arresting officer(s)
Trial
If you find yourself at trial, the trial is likely to proceed with:
- Jury selection
- Opening statements by your attorney and prosecutor
- Testimony from witnesses
- Examination of witnesses by both attorneys
- Motions from attorney after prosecution presented its case
- Closing arguments summarizing evidence and application of law
- Jury instructions on what law jury must apply
- Jury deliberation
- Jury verdict
Sentencing
If you're convicted for DWI, the judge may sentence you to:
- Pay fines
- Jail
- Probation or a suspended sentence with specific conditions
- Community service
- Drug or alcohol counseling
If your driver's license hasn't already been suspended, your state may suspend it for a certain period of time or put restrictions on when and where you can drive.
You'll need a lawyer to represent you before and during trial.
Defenses to DWI
In deciding which defenses apply in your DWI case, your lawyer will look at all the evidence produced by police and witnesses.
The prosecutor generally relies on the arresting police officer's testimony about how a DWI suspect was driving.
An attorney may argue that there are many reasons for unusual driving behaviors that don't have anything to do with alcohol.
An officer may testify as to your appearance and behavior when questioned, including:
- Slurred speech
- Bloodshot eyes
- Inappropriate joking or incoherent speech
- Stumbling or not being able to walk very far
- Pupil enlargement
When an officer suspects you may intoxicated, he or she may ask you to perform "field sobriety tests" to assess physical and mental alertness, and can include:
- Walking a straight line
- Walking backwards
- Reciting the alphabet, front wards or backwards
- Standing on one leg
The defenses to field sobriety tests are often the same as with officer observations. Medications and lack of sleep can make it considerably more difficult to perform these tests. Many people also have physical impairments caused by injuries - or simply aging -that make it impossible to perform these tasks under ideal conditions.
Your lawyer may cross-examine the arresting officer in detail as to whether the officer asked you if you had physical impairments or there were particular circumstances that would make it difficult to perform the tests. Your lawyer may also point out to the jury that many jury members may have similar difficulties performing the tests, such as by asking the jury if they could recite the alphabet backwards under the best of circumstances.
Blood Alcohol Content Defenses
The level of alcohol in your blood, called the Blood Alcohol Content ("BAC") can be measured by different tests.
BAC can be determined from a blood test.
Most DWI suspects have their blood tested by blowing into a breath testing device. These devices can be faulty and not well-maintained.
Your attorney may subpoena police records on how the breath testing machine was maintained.
Many defenses against DWI require a lawyer's expertise and experience. If you've been charged with DWI, it's important to contact a lawyer right away.
Feel free to visit attorney Kamal Nawash for a consultation.