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DUI / DWI Lawyer 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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