What kind of experience do DWI defense lawyers need?

DWI (driving under the influence) offences are considered by many states as serious offences and a DWI conviction may entail jail time, fines, probation and even community service. Some states impose mandatory minimum penalties for first time offenders and then progressively heavier penalties for repeat offences.

Repeat offenders will at times have their vehicle fitted with an ignition interlock device that will allow the vehicle to start only if the driver has a blood alcohol concentration within prescribed limit. This type of locking will mean driver will have to pay for the cost of rental, installation and maintenance of the unit.

The severity of the punishment will vary based on factors like -

1. Previous record of DWI violations
2. The type of vehicle - commercial or private
3. Whether children were present in the vehicle
4. Any additional charges like reckless driving
5. Any property damage occurred
6. Nature and type of injury to other person/s
7. Whether the offender was under 21 when arrested under DWI

A Blood Alcohol Concentration (BAC) test measures the amount of alcohol in an accused drunk driver’s bloodstream at the time of administration. If you or any of your close friends or relatives has been charged with DWI, an experienced DWI defense lawyer can challenge several aspects of a BAC test and may even succeed in having the charges dropped altogether. Instead of facing a jail term or marring your driving privileges, it is wiser to promptly engage a DWI defense lawyer.

The quantum of alcohol in a person’s bloodstream is said to reach its highest level one hour after he/she has finished drinking. But there are variations like an individual’s metabolism, the body weight of the person concerned, the type of food consumed before being caught etc. These indeterminate factors can affect the accuracy of a BAC and an experienced DWI lawyer can use these inconsistencies to challenge the accuracy of the test.

Further, the law enforcement officials must obtain a sample of the offender’s blood. The sample vial is supposed to contain a prescribed quantity of preservative. If there is no preservative or if there is an insufficient quantity of the preservative, the blood alcohol results will be misleading. An experienced DWI lawyer will always sends a "split" of the vial to independent lab for re-testing. If there is a discrepancy in the blood alcohol test results, the prosecution’s evidence may become inadmissible in court.

To further complicate matters, the official who draws the blood from the suspect must follow certain guidelines for storing and marking the blood test vials. An experienced DWI lawyer can question everything from the administration of the BAC test to whether or not the person who drew the blood strictly adhered to the guidelines.

Each state has its own laws specific to suspects charged with DWI offences and you must hire the services of a DWI lawyer who is familiar with the concerned state’s DWI laws. DWI defense lawyers must be well-versed in human physiology, chemistry, psychometrics to the extent of arguing field sobriety testing matters.

The majority of DWI convictions are held as misdemeanors by the courts and let off with a jail term of one year or even less. Felony DWI offenses are usually applied for either repeat offenders or offenders causing death or serious injury to others. But everything depends on the argumentative skills and experience of the DWI defense lawyers.

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