How a Lawyer Defends Felony DWI Charges

According to the National Highway Traffic Safety Administration (NHTSA), alcohol-impaired drivers killed 12,429 people in crashes in 2023, accounting for roughly 30% of all traffic fatalities in the United States.

Driving While Intoxicated (DWI) means driving a car while being under the influence of drugs or alcohol to the extent that your mental or physical abilities are impaired.

Accident victims of DWI incidents have legal rights and resources that can help them get better physically, emotionally, and financially. Car accident lawyer D. Brad Collins suggests seeking legal representation from an attorney who is prepared to protect your rights. It’s important to get medical help and legal representation as soon as possible following a car accident.

Defending against a felony DWI charge is a complex process with significant consequences, necessitating a strategic and informed approach. The accused can face life-altering consequences for felony DWI offenses, which carry longer prison sentences, higher fines, and loss of driving privileges. 

This article will go over the legal procedures and defense strategies that lawyers employ to defend their clients from felony DWI charges.

Understanding the Legal Framework of Felony DWI Charges

Felony DWI occurs when a driver exhibits extremely high levels of blood alcohol concentration (BAC) or prior DWI convictions. According to Houston felony DWI lawyer Joseph Ruiz, any DWI case can easily escalate into a complex criminal court case. Aggravating circumstances, such as car accidents or injuries, may accompany DWI.

Every state has its definition of a felony DWI, so knowing your state’s traffic and DWI laws is important. You need to also understand the potential penalties that are associated with DWI charges, which could vary from large fines to loss of driving rights to a long term of imprisonment.

The legal system sets up a series of hearings and possibly a trial after a DWI charge. Knowing your rights will help you deal with the process of a felony DWI case, which may include breathalyzer results and field sobriety tests.

Challenging the Traffic Stop and Arrest Procedures

Contesting the grounds of a traffic stop and the arrest procedure increases your chances of successfully challenging your felony DWI charge.

An attorney looking to detail the specifics of your DWI arrest would investigate the legality behind the stop and check for any signs of unlawful detention. If proven, the evidence would be deemed inadmissible and cannot be used against you.

Your lawyer will investigate the steps that led to your arrest. If the officer made the arrest without following procedure or violated your rights, the prosecution’s case would be weakened, potentially leading to a more favorable outcome for you.

By examining these aspects, your lawyer will be in a better position to build a viable defense, which may help to reduce penalties. Your defense team must conduct a thorough investigation, especially of critical elements that can support your claims.

Examining the Evidence: Breathalyzer and Field Sobriety Tests

Breath test results or field sobriety tests are important for a felony DWI case. You can always contest the results of these tests by challenging their accuracy and precision.

For example, incorrect calibration of a breathalyzer device or its gross misuse can produce incorrect results. A person with medical issues can affect BAC readings. If the breath test is not performed correctly by the officer, the outcome can be deemed unreliable. 

Field sobriety tests, on the other hand, are very subjective and are based upon whether you are nervous. Another consideration is weather, which makes performing these tests more difficult if visibility is poor due to rain, snow, or even temperature.

A lawyer can challenge the tests’ validity by analyzing their administration and determining whether they strictly followed standard protocol.

Exploring Alternative Defenses and Mitigating Circumstances

Examining alternative lines of defense and lesser evidence is another important element of dealing with felony DWI cases.

Look at possible circumstances that could impede the test or the legality of the stop itself. Demonstrating that the officer had no probable cause or legal reason for stopping you can weaken the prosecution’s case.

Clear evidence that there was no intent to drive while intoxicated or that you were in perfect physical condition to operate a vehicle can help your case.

Pay attention to personal circumstances in which a plea bargain might be warranted or a reduction of the penalties could be sought. 

The Importance of Legal Representation and Case Strategy

Hiring an experienced lawyer to assist you in contesting your DWI felony charges can significantly affect the possible outcome of your case.

An attorney can address the complexities of DWI law and identify defenses or areas of vulnerability in the prosecution’s case.

A skilled defense attorney can create a legal strategy that accurately reflects the facts of your case, assisting you in upholding your rights and protecting them from infringement.

Image by Miguel Ángel Ramón from Pixabay

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