In today’s society, few offenses call for greater attorney support and knowledge than cases that involve driving under the influence (DUI) or driving while intoxicated (DWI). These types of situations are particularly complicated, as they require the expertise of drunk driving attorneys who fully grasp the legal process as well as various scientific issues.
Legal Issues Related to DWI Case Defenses
When it comes to the legal issues associated with a DUI or DWI there is a great deal involved regarding these legalities and a good DWI attorney is aware of things pertaining to search and seizure, due process, illegal interrogation, denial of legal counsel and evidentiary issues. In addition, drunk driving lawyers have an understanding of breath test equipment and testing for intoxicants. In the areas of DUI, to assist you effectively, a qualified DUI attorney must have great insight into various aspects of the law as well as knowledge regarding biology, chemistry, physiology and toxicology.
Penalties Involved in DWI Cases
The penalties associated with drunk driving cases are extremely complex. However, several factors could potentially change the outcome of the penalties, especially when you have the right drunk driving attorney on your side. To ensure that you have the right defense for your particular DWI case, we at San Antonio DWI work vigorously to defend our client’s legal rights. We do everything in our power to minimize the potential consequences a drunk driving arrest can bear. Because there are many DUI defense strategies that a qualified, experienced DWI lawyer can identify, you should not hesitate to contact San Antonio DWI to make sure you are defended appropriately.
Your Defense in a DWI
Subsequent to your DWI arrest, the DWI attorneys at San Antonio DWI will handle your DMV hearing and will contest suspension of your driver’s license. In addition, we also make sure the police had probable cause to stop you, otherwise your arrest could be considered unlawful. In addition, a qualified phlebotomist must properly administer chemical tests. Furthermore, your (BAC) Blood Alcohol Count had to be .08% or above at the time of the arrest. As part of your defense, we will also cross-examine the arresting officer and review and analyze all reports involved in your case. If even one element related to your case is not established, we will make sure your license suspension is overturned.
How a San Antonio DWI Case Should Be Handled.
Before going forward with your case, we listen very closely to the details of your situation, what led up to it and the results of your DUI arrest. We make sure to ask plenty of relevant questions in an effort to gain insight into all the details. In short, choosing the right DUI lawyer to defend you during a drunk driving case is critically important to your case. Having a qualified drunk driving attorney in your corner means having a dedicated attorney who really understands the ins and outs involving DUI. The attorneys at San Antonio DWI have the skills, knowledge and expertise to defend you when it comes to DUI related charges. Before pleading guilty, learn about your legal rights! Contact us today and find out how we can help
History of Drunk Driving laws
The first jurisdiction in the United States of America to adopt laws against drunk driving was New York in 1910, with California and others following. Early laws simply prohibited driving while intoxicated, requiring proof of a state of intoxication with no specific definition of what level of inebriation qualified.[10] The first generally-accepted legal limit for blood alcohol concentration (BAC) was 0.15 (in 1938, the American Medical Association created a "Committee to Study Problems of Motor Vehicle Accidents"; at the same time, the National Safety Council set up a "Committee on Tests for Intoxication".
In the US, most of the laws and penalties were greatly enhanced starting in the late 1970s, and through the 1990s, largely due to pressure from groups like Mothers Against Drunk Driving (MADD) and Students Against Driving Drunk (SADD) and leaders like Candy Lightner. Most significantly, zero tolerance laws were enacted which criminalized driving a vehicle with 0.01 or 0.02 BAC for drivers under 21.
There are several situations in which the officer will come into contact with a driver, some examples are:
Investigation
The officer will typically approach the driver's window and ask some preliminary questions. During this phase of the stop the officer will note if they detect any of the following indicators of intoxication
odor of an alcoholic beverage on the driver's breath or in the car generally
slurred speech in response to the questioning
watery, blood shot, and/or reddish eyes
flushed face
droopy eyelids
difficulty in understanding and responding intelligently to question
fumbling with his or her driver's license and registration
the plain-view presence of containers of alcoholic beverages in the vehicle.
admission of consumption of alcoholic beverage
If the officer observes enough to have a reasonable suspicion to legally justify a further detention and investigation, they will ask the driver to step out of the vehicle.
Chemical test
At the police station, the arrestee will be offered a chemical test of breath, blood or, much less frequently, urine. Breath test results are usually available immediately; urine and blood samples are sent to a lab for later analysis to determine the BAC or possible presence of drugs.
If the arrestee refuses to submit to chemical testing, they will usually be booked for driving under the influence; there will be no evidence for filing the second charge of driving with .08% blood alcohol content.
In some cases the arrestee may be charged with DUI even after passing a breathalyzer test if he or she refuses also to take subsequent urine or blood tests. However, the refusal will carry increased penalties on the driving under the influence charge (typically a longer license suspension and/or an increased jail sentence), and the act of refusing may be admissible in court as evidence of "consciousness of guilt".
In some states, refusal to submit to a chemical test can result in an automatic suspension of driving privileges, regardless of whether the suspect is convicted of DUI.
In an increasing number of jurisdictions, if the suspect refuses to take a chemical test the police in some states may restrain the individual and forcefully withdraw blood.
This is particularly common in situations involving an accident with injury or death. In some jurisdictions this may require obtaining a warrant from a judge. Some commentators, such as Brown University's Jacob Appel, have criticized the role of medical personnel in this process. According to Appel, "If physicians acquiesce today in the removal of a resistant patient's blood, soon they may be called upon to pump the contents of an unwilling patient's stomach or even to perform involuntary surgery to retrieve an evidential bullet."
While chemical tests are used to determine the driver's BAC, they do not determine the driver's level of impairment. However, state laws usually provide for a rebuttable legal presumption of intoxication at blood alcohol levels of .08 or higher (see blood alcohol test assumptions).
Breath and urine tests can only estimate the BAC at the time the test is taken, which can be different than when the vehicle was actually operated.
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