DUI / DWI
Defense
DUI defense is both an
art and a science.
Take the
breathalyzers. There are
at least 30 ways to rebut the evidence from these machines. DWI defense
attorneys must understand their internal workings enough to
cross-examine the state's witnesses effectively on their alleged
accuracy.
In DUI matters, the
"opinion" evidence gathered by police officers typically consists of
field or roadside sobriety tests.
These agility tests are supposed to indicate that the person suspected
of drunk driving was actually impaired or in some way "a less safe
driver."
Recent scholarly studies
have shown that field sobriety
tests are not given uniformly, there is no scientific basis for
assuming they are valid, and most officers either require the wrong
tests or improperly instruct the suspect on how to perform the tests. A
DUI defense attorney can obtain a pre-trial ruling that the tests and
their alleged indication of impairment must be excluded from evidence
due to lack of scientific foundation and faulty instructions.
These are just a few
examples of the level of intense, specialized knowledge required in DUI
matters. The DWI defense lawyer should leave no stone unturned. These
cases require detailed investigation. DUI defense attorneys who do not
investigate thoroughly and defend the client aggressively do the client
a disservice and expose themselves to possible liability. In addition,
they harm the legal profession by failing to fully represent the client.
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