What is a DWI Attorney
A DWI attorney defends people who have
been charged with the crime of operating a vehicle while under the influence of alcohol or drugs. These crimes are
variously known as driving while intoxicated (DWI) or driving under the influence (DUI) depending on the
jurisdiction where the offense was committed. These are considered serious crimes and all fifty states have
stringent DWI laws. A person can be charged with a DWI if they are stopped by a policeman on suspicion of being
intoxicated and fail a BAC (blood alcohol content) test. Generally, the legal limit is.08% BAC although some states
have set a BAC of as much as 0.10 percent; however, the BAC limit is much lower for drivers under the legal
drinking age of twenty-one. If you are charged with a DWI or DUI, you must engage an attorney who specializes in
these cases, since a general criminal attorney may not be familiar with all the intricacies of DUI
law.
The job of the DWI attorney
can begin as early as when the client is being held in a holding cell pending their first appearance before a
judge. The lawyer can arrange for their client’s release until the first trial date. To prepare for the case, the
DUI lawyer will interview the arresting officers and potential witnesses as well as reviewing all the pertinent
documents and test results from the BAC tests.
During the trial, the DWI attorney
will raise questions about the arresting process, as well as the results of the BAC tests. The tests may not have
been conducted correctly, for example, or the arresting officer may not have informed the suspect of their rights.
The client may also not have been driving while under the influence of alcohol at all, but may have a medical
condition which registers as a high BAC in tests. If the client is found guilty, the DUI lawyer will negotiate the
most lenient sentence with the judge, arguing extenuating circumstances as well as stressing the client’s
willingness to attend counseling for alcohol problems.
Last Modified: 09 March 2011
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