Driving while intoxicated (DWI) is a serious problem due to the scores of deaths caused due to drunken driving. DWI is the only misconduct criminal offense for which postponed settlement cannot be received. DWI results in car accidents, highway injuries as well as death on road.
To avoid this, US government has set various prevention methods like DWI courts, blacklisting driver licenses, seizing the registration plates, increasing penalties, rehabilitation programs for alcohol abuse, fines, or open container bans.
Arrest of the driver: Laws of U. S. States
The United States has established DWI as an offense if the driver has blood alcohol concentration (BAC) at or above a proscribed level, 0.08 percent. Suspension of license is the common methodology for this offense. Administrative license suspension is also followed wherein licenses are taken away from the driver if he/she fails in the chemical test. Administrative license suspension laws are self-regulating and free from criminal procedures.
Forty-five states allow some lawbreakers to drive if their vehicles have ignition interlocks which enable analysis of driver's breath and immobilize the ignition.
Information on defense is important to drivers to avoid being wrongly convicted for DWI. DWI defense helps in drivers claiming for their persecution
People have about 15 days to appeal. When people are detained for any offense, facing accusation may be a tiresome process. The likely penalty from a conviction includes the restraining of a driver's license, an augmenting insurance cost, fines or court costs.
A lawyer can help defend if he is able to prove against the following points :
- the arresting officer made the arrest accurately
- proper advise of the rights was given
- The equipment used to test was working accurately
If the DWI defense lawyer finds out that the tests were not accurate, they can be proclaimed to the District Attorney or the jury about the tests results being defective.