In deciding which defenses could be implemented in your driving while intoxicated (DWI) case, your lawyer will see all the evidence showed by the police and interview witnesses. Some common defenses observed in DWI cases include:

Driving Observation Defenses

The prosecutor always relies (sometimes exclusively) on the arresting police officer’s testimony about how a DWI suspect was driving a vehicle, such as:

  • Very slow speeds
  • Sporadic speeds (very fast, then very slow, for example)
  • Moving from one side of a lane to the other
  • Traversing the center line of the freeway
  • Running a red light
  • Hesitation in going through a green light

A first rate defense attorney will reason that there are many answers for these driving behaviors that won’t have anything to do with being alcohol-impaired.

Behavior Observation Defenses

An official may also testify as to a DWI suspect’s appearance and behavior when questioned, including:

  • Unclear speech
  • Bloodshot eyes
  • Inappropriate joking or incoherent speech
  • Stumbling or not being able to walk very far
  • Pupil Dilation

Defenses to these observations that don’t have anything to do with being inebriated could be:

  • Lack of sleep
  • Allergies
  • Contact lenses
  • Stress due to personal circumstances
  • Medications
  • Foods recently ingested
  • Nervousness over being stopped by police
  • Physical impairments

Field Sobriety Test Defenses

When an official suspects you may be too inebriated to drive, he or she will likely demand you to perform what are called “field sobriety tests.” These tests are formulated to calculate your physical and mental alertness, and include:

  • Walking a straight line
  • Walking backwards
  • Reciting the alphabet, frontwards or backwards
  • Standing on one leg

Officers additionally sometimes depend upon what’s called a “nystagmus” test, in which the suspect is asked to shift eye gaze from one side to the other while the officer shines a light in his or her eyes. The belief is the fact that the gaze of the person who is impaired by alcohol or drugs will be jerky rather than even.

The defenses to field sobriety tests are often the same as with officer observations. Medications and insomnia can make it considerably more tough to perform these checks. A lot of people also have physical impairments due to injuries – or simply aging -that make it difficult to do these tasks under ideal conditions.

Your lawyer may cross-examine the arresting officer in detail whether the officer questioned you if you had physical impairments or there were particular circumstances that wouldmake it tough to perform the tests. Your lawyer can also indicate to the jury that many jury members might have similar difficulties performing the tests, such as by asking the jury if they could recite the alphabet backwards under the very best of circumstances.

For help with a Savannah Georgia DUI, find a DUI attorney Savannah.