Winning your DWI or DUI Case

The Criminal Case of DWI
All state s have laws that preclude drunk driving and DWI. Each year those laws are amended to include increasingly harsh penalties. Repeat offenders may face:
(1) lengthy incarceration periods,
(2) requirements to abstain from non-prescribed mood altering chemicals, drugs or alcohol;
(3) requirements to attend alcohol education classes;
(4) requirements to have a chemical use evaluation performed and follow any recommendations which may include treatment;
(5) requirements to submit to random testing for the presence of drugs or alcohol;
(6) equipping automobiles with alcohol interlock devices which preclude the automobile from running unless an alcohol free breath sample is provided;
(7) payment of fines.

These penalties are significant. However, they cost of a DWI does not end with the criminal proceedings. There are also civil penalties associated with DWI cases.

License Revocation or Cancellation - The Implied Consent
A DWI is not only a criminal case, it has a civil elements as well. Civil penalties may include license revocation/cancellation, vehicle plate impoundments, and, even vehicle forfeitures.

The license revocation/cancellation related to a DWI is a case entirely separate from the criminal matter. The revocation/cancellation period becomes longer with each successive DWI offense or Implied Consent license revocation/cancellation. After three or more DWI offenses, a driver may face a cancellation period for a number of years during which time they will be allowed no license. To reinstate license, many states require a payment of a significant filing fee, new testing on the rules of the road, as well as documentation that the driver has completed chemical abuse treatment and abstained from alcohol for a defined period. Nothing in the criminal matter will change the license revocation/cancellation period which occurs automatically unless the driver seeks a judicial review of that revocation. In many states, there is a very short timeline after the revocation/cancellation occurs to seek a review of that license revocation/cancellation.

There are also additional consequences when a driver has a number of DWI convictions or Implied Consent violations. In addition to losing a driver's license, a driver may find their automobile insurance cancelled. They may also face plate impoundments and vehicle forfeitures. A vehicle forfeiture means that the city or state may take the driver's vehicle without providing them any compensation for it. Driver's with serial violations may also be issued a restricted license when they reinstate. A restricted license, called a "B" card in some states, includes a lifetime restriction against ANY consumption of alcohol if the driver wishes to obtain and/or retain a driver's license.

Collateral Consequences
People who simply plead guilty to a DWI offense without consulting an experienced lawyer often ignore or are ignorant to the significant consequences of their plea. A DWI conviction has a very indelible effect on a criminal and driving record which can have significant collateral consequences. Even one offense can affect a person's employability ore even their chances for a work promotion. A DWI may also prevent even simple trips out of the country with countries like Canada that have immigration rules that preclude entry to those convicted of a DWI.

Defenses on a DWI Case
Too many people feel that there is no hope in a DWI case and, as a result, simply choose to throw in the towel and enter a plea of guilty. In many cases, that would be a mistake. The fact is there are many challenges to a DWI. The defenses depend on the particular set of facts in each case. That means a detailed review of all evidence, including police reports, police videos, audio recordings and testing records related to blood alcohol levels is imperative. Often, hidden defenses are found through a thorough review of all evidence.

The fact is that Officers must follow very specific steps as part of the arrest. If any one step is missing, the case may be dismissed.

**SOURCE CODE DEFENSES APPROVED BY MINNESOTA SUPREME COURT!!**

Even more compelling, on April 30, 2009, the Minnesota Supreme Court issued a decision related computerized source codes of breath testing devices that has added a new facet to the DWI defense attorney's ability to seek a dismissal of DWI charges by suppressing any breath test results.

Other points of a defense analysis include:
• Reasonable Suspicion. The officer must have reasonable suspicion to believe a specific crime has been committed in order to stop a person. If that reasonable suspicion is lacking the stop and the ticket may be invalid;

• Probable Cause to arrest and charge. The officer must make sufficient observations to form a basis for probable cause to believe that you were operating a vehicle while intoxicated. Oftentimes, officers perform field sobriety tests incorrectly making the arrest invalid;

• Procedures at the Station. The officer must follow very specific procedures at the station including reading and recording an Implied Consent Advisory that informs you that you have a right to a lawyer. If any of the steps are omitted, the charges may be dismissed;

• Test Procedures. Testing methods to determine blood alcohol concentrations are imperfect at best. Like any scientific method, any test result has a margin of error. If the machinery is not properly maintained and even if it is properly maintained, the test results may vary from true Blood Alcohol Concentration. A sufficient variation may result in a reduce charge or no charge.

When charged with a DWI offense, it is important to seek an aggressive attorney who has remained current on the developing law with respect to DWI issues. There are many practitioners who handle DWI cases without understanding many of the nuances of DWI defense.