This article aspires to help ordinary people understand more about DWI allegations and eventual charges that will need the help of experienced DWI attorneys.
In most cases, a DWI charge can be broken down into three main portions.
Part 1 - Traffic Violations
The first part or stage is when a police officer observes a car while it is moving and the police officer watches for traffic violations.
If a policeman sees violations of the law, then he will pull the car over.
When police stop a car, they are operating legally but their conduct is primarily governed by the Fourth Amendment and this is an important time when having competent DWI lawyers are crucial, one who has spent significant time staying abreast of Fourth Amendment law.
Part 2 - Field Tests
The second stage of a DWI investigation occurs when a policeman requires the performance of field tests.
When law enforcement pulls a car over and the officer smells alcohol in the car, the officer will likely ask if alcohol has been consumed.
At this point, they will request the driver to get out of the car and do roadside tests.
No one is required to perform these DWI tests, but many people do them thinking that a good performance will set them free - this is false.
Once an officer asks you to get out of the car, he will likely arrest you on DWI charges no matter how well you perform so you should not do these tests.
You may want to consider giving a truthful reason to explain why you cannot perform the tests such as old injuries that make success at these tests very unlikely.
If you have completed these tests, you will need an experienced DWI lawyer who can challenge these tests in court.
Part 3 - Chemical Tests
Finally, the last portion of a DWI case occurs when the police officer seeks a chemical test.
Once people fail the field tests, police will arrest them, and transport them to jail where the police ask people to blow into a breath machines.
The decision to refuse the breath test or submit it is complicated, so your best recourse is to ask to speak with a DWI lawyer to understand more about refusing or not refusing a breath test.
If an arrested suspect has breath alcohol results over 0.08, they will arrest and charged with DWI although you can have a result under 0.08 and still be charged with DWI.
Breath tests are based on questionable science and can be challenged in court.
This is why you should retain a competent DWI lawyer who is prepared to hire experts and fight for your rights under the law!