Can a Lawyer Beat a DWI Charge If I Was Drunk?

Yes, a lawyer can beat a DWI charge if the defendant was drunk. Intoxicated (drunk) is only one of three elements in a DWI. The other two are driving and while. The state must prove every element of a DWI, not just the “intoxicated” element, beyond any reasonable doubt. Frequently, sufficient credible evidence is unavailable on these two points. If the state can only prove intoxication, perhaps via a chemical test, the defendant may be guilty of something, but that something is not DWI.

County prosecutors are committed to the worst possible result under the circumstances, at least from the defendant’s perspective. Prosecutors care almost nothing about justice or fairness. In contrast, a Tampa criminal defense lawyer pulls out all the stops to obtain the best possible result under the circumstances. This commitment sometimes means a lawyer never gives ground to the state but makes prosecutors earn everything they get. So much is at stake in DWI prosecutions, from both a direct and collateral standpoint, that defendants deserve nothing less.

Procedural Issues

Before a Tampa criminal defense lawyer addresses the merits of a criminal case, including intoxication or a lack thereof, some important procedural issues often arise.

In a DWI, the two most common procedural issues may be illegal traffic stops and illegal activity at DWI checkpoints.

Outside DWI checkpoints, police officers must have reasonable suspicion to detain motorists. Basically, reasonable suspicion is an evidence-based hunch, not a hunch justified by subsequently-discovered evidence.

Usually, a legal DWI stop begins with a traffic violation committed in the officer’s plain view. If the suspect shows any signs of intoxication, the officer performs field sobriety tests to confirm that suspicion and arrests the defendant.

Sometimes, the officer gets the cart before the horse. Officers follow suspects that “don’t look right” for whatever reason, perhaps because they left bars late at night. Then, when these individuals commit traffic violations, officers pull them over, conduct investigations, and then conduct field sobriety tests.

These traffic stops are illegal profiling stops. A hunch alone, even if that hunch turns out to be accurate, cannot start the arrest process.

DWI checkpoints allow officers to circumvent the reasonable suspicion rule. But checkpoints must adhere to strict legal standards. Any deviation, however slight, allows a Tampa criminal defense lawyer to get the arrest thrown out of court.

Driving While Intoxicated

Substantively, the state must prove the defendant was driving (operating) the car while intoxicated. Frequently, officers stress “intoxication” so strongly that they overlook these two critical elements.

In Florida, defendants are “driving” vehicles if they were behind the wheel, they had the keys, and the vehicle was in good working order. So, a defendant could literally be asleep at the wheel and driving the vehicle for DWI purposes.

A vehicle in good working order must have inflated tires, gas in the tank, and start when cranked. If there’s no evidence on these points, the state cannot prove the case.

The “while” element is often an issue in DWI minor collision cases. Usually, defendants have exited their vehicles by the time officers arrive on scene. Unless a witness “wheels” the defendant (Testifies that the defendant was driving the car), the case cannot hold up in court.

Count on a Dedicated Hillsborough County Attorney

A criminal charge is not the same thing as a criminal conviction. For a confidential consultation with an experienced criminal defense lawyer in Tampa, contact the OA Law Firm. Convenient payment plans are available.

Source:

judicature.duke.edu/articles/taking-beyond-a-reasonable-doubt-seriously/