In deciding which defenses could be used in your driving while intoxicated (DWI) case, your lawyer will look at the evidence produced by the police and interview witnesses. Some common defenses seen in DWI cases include:
Driving Observation Defenses
The prosecutor always relies (sometimes exclusively) on the arresting police officer’s account about how exactly a DWI defendant was driving a vehicle, including:
- Very slow speeds
- Inconsistent speeds (very fast, then very slow, for example)
- Moving from one side of the lane to the other
- Traversing the middle line of the freeway
- Running a red light
- Hesitation in driving through a green light
A first rate defense attorney will argue that there are many different answers for these driving behaviors that do not have anything related to being alcohol-impaired.
Behavior Observation Defenses
An official may additionally testify as to a DWI suspect’s appearance and behavior when questioned, including:
- Slurred speech
- Bloodshot eyes
- Inappropriate joking or incoherent speech
- Stumbling or not being in position to walk very far
- Pupil enlargement
Defenses against these observations that do not have anything related to being inebriated can include:
- Lack of sleep
- Allergies
- Contact lenses
- Stress due to personal circumstances
- Medications
- Foods recently ingested
- Nervousness over being stopped by police
- Physical impairments
Field Sobriety Test Defenses
When an official suspects you could be too inebriated to drive, the police officer will in all probability ask you to do what are called “field sobriety tests.” These tests are meant to calculate your mental and physical performance, and include:
- Walking a straight line
- Walking backwards
- Reciting the alphabet, frontwards or backwards
- Standing on one leg
Officers also sometimes rely on what’s described as a “nystagmus” test, in which the suspect is asked to shift eye gaze from one side to the other while the officer shines a light source in the suspect’s eyes. The theory is the fact that the gaze of the person who is impaired by alcohol or drugs would be jerky rather than clean.
The defenses to field sobriety tests are often the same as with officer observations. Medications and sleep disorders can make it considerably more tough to perform these tests. A lot of people also have physical impairments due to injuries – or just aging -that make it difficult to execute these tasks under ideal conditions.
Your lawyer may cross-examine the arresting officer in more detail whether or not the officer asked you if you had physical impairments or there were particular circumstances that couldmake it difficult to perform the tests. Your lawyer might also explain to the jury that numerous jury members sometimes have similar difficulties performing the tests, like by asking the jury whether they could recite the alphabet backwards under the very best of circumstances.
For help with a DUI Columbus GA, contact a DUI attorney Columbus Georgia.
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