If you are stopped for DWI…

If a police officer pulls someone over and did some investigation, took them downtown, asked them to give a breath sample and they blew one of those machines and a ticket came out and had reading that was at or above a .08, most people standing around talking about that would say…”he’s drunk, he was driving while impaired, he’s gonna lose his license, right?”, the answer is absolutely not.

When someone is investigated and then charged with a crime, DWI is no different, it’s just a theory, and that’s exactly what it is when someone is charged with driving while impaired.

It’s a theory the police have that that person was driving and while they were driving that their mental and their physical faculties were some how impaired; and often the claim is that it’s by alcohol.

We have so many cases where, either the traffic stop is faulty or the police officer is less than candid in his report or there is, what some people refer to as a technicality, where constitutional rights are violated; let me be clear, that’s never a technicality, we are protected by our constitution and we are protected by our constitution for a reason…and that’s why I love my job; I get to sing and celebrate those protections every day and I do that in trial with, with my clients, when I quiet the noise going on from the theory and I look closer and advocate harder than the other side.

I love to dig in and determine, whether or not, what the officer is claiming in the affidavit is actually true; if it lines up with what was captured on body worn camera or if what my client remembers happened, one way, if it matches with what the police officer is claiming.

You see, what happens when we conclude too soon that because a device says a number and therefore the person is guilty, we miss the whole point, we miss the idea that maybe it’s true but we haven’t yet proved it’s true…so your not sunk if you blew at or above the legal limit, as a matter of fact, it’s simply a process that you’ve got to determine whether or not they can make their case and so very often the state can’t or they fail to in some way and you come out of this charge on the up side with an acquittal.