DWI Acquittal
There are two possible outcomes to a driving while intoxicated (DWI) case: conviction or acquittal. While a conviction means that you have been found guilty and must face DWI sentencing, a DWI acquittal means that the judge or jury found you not guilty of the crime of drinking and driving.In order to secure an acquittal in your drunk-driving case, you should hire an experienced DWI defense attorney. Attorneys who focus exclusively on DWI defense stay on top of the most recent changes in drinking and driving laws as well as the latest defense strategies and technology. In addition, a DWI lawyer may have an expert witness testify in your defense to convince the jury that you are not guilty.
Insufficient evidence is the cause for most DWI acquittals. After a defendant is acquitted of the crime, the prosecutor may not appeal the verdict since the U.S. Constitution prohibits charging a defendant for the same crime twice (double jeopardy). This means that even if evidence of your guilt comes to light after your acquittal, you may not be charged with the crime again.
While a judge or jury can acquit the defendant, jury acquittals typically carry more legal weight. This is because the jury has two choices while deciding the verdict: guilty or not guilty. The judge’s acquittal is not as cut and dry as the jury’s, as the judge has the power to dismiss a case, acquit the defendant, or declare a mistrial. Therefore, a judge’s acquittal decision may be construed as a mistrial or dismissal.
Though it depends on the case, acquittals are more likely in a jury trial. This is because the prosecution must convince each of the twelve jurors that the defendant is guilty beyond a reasonable doubt.
A DWI acquittal is the goal in any drunk-driving defense case. After all, the penalties for a DWI conviction include jail time, probation, community service, fines, and a driver’s license suspension.
Speaking with an experienced DWI lawyer is a good first step to devising a defense strategy. To learn more about DWI acquittal, contact a defense lawyer in your area today.
