DWI Investigation Process
There are many different things that can trigger a driving while intoxicated (DWI) investigation. The officer may notice erratic driving patterns that would cause him or her to believe the driver is under the influence of alcohol and/or drugs. The officer may pull someone for a broken taillight and notice the smell of alcohol or alcohol bottles on the floorboard. Or, the driver might get caught at a roadblock or sobriety checkpoint. It is important that the police officer have sufficient reason, or probable cause, to begin the DWI investigation process. Lack of probable cause makes any evidence obtained after the traffic stop inadmissible in court. If you believe you were pulled over without a valid legal reason, it is important to speak with an experienced DWI attorney about having your charges dismissed.
The most common reason for a DWI investigation is erratic driving associated with drunk-driving patterns. This may include swerving, inability to stay in the lane, driving too slowly, and braking quickly. However, although speeding is one of the most common reasons why officers pull drivers over, it is not categorized as a drunk-driving pattern by the National Highway Traffic Safety Association. If you were pulled over for speeding and subsequently arrested for DWI, your attorney may be able to prove that the officer did not have sufficient evidence to begin a DWI investigation.
If a driver is pulled over for an unrelated traffic stop, such as a broken taillight or expired tag, the officer may not begin a DWI investigation unless there is sufficient evidence that the driver is intoxicated. This may include bloodshot eyes, slurred speech, the smell of alcohol, etc. An attorney may argue that your eyes were bloodshot due to fatigue or allergies, or your speech is slurred due to a regional dialect.
DWI checkpoints are used to catch drivers for different types of offenses, including drunk driving. There are many strict rules regarding the use of DWI or sobriety check points. If you were arrested at a checkpoint that did not follow these stringent guidelines, the evidence obtained at the checkpoint may be thrown out in court.
In a DWI case, it is important to remember that the prosecutor must prove that you are guilty beyond a reasonable doubt. If your defense attorney can show that the officer did not follow the law during your DWI case, your charges may be dismissed or you may be found not guilty.
To learn more about the DWI investigation process, contact a DWI defense lawyer in your area today!
