If you are charged with DWI that in no way means you will or should be found guilty. The charge is just a beginning step in the process of determining if you should be convicted. Every individual case will vary but there are almost challenges of the evidence that can be raised to have the charge either reduced or completely dismissed. In some cases there is either little or no evidence to support a conviction. In other cases the evidence against you can be discredited. The burden is on the District Attorney to establish beyond a reasonable doubt that you are guilty. This is a very high standard to meet and experienced defense attorneys know how to cast doubt that this standard has been met by the State.
In DWI cases the evidence is almost always going to be the arresting officer’s testimony and the results of a breathalyzer test. The officer’s testimony can be discredited in various ways. This will usually entail showing that his recollection of events which lead to your arrest are faulty. In some cases the officer’s testimony will conflict with reports prepared by him or others. When this happens it serves to discredit his testimony which is likely evidence that is needed in order to obtain a conviction. This attacks the probable cause that would be necessary in order to arrest someone and if there is not probable cause to arrest the charge must be dismissed. Also your attorney may be able to obtain other evidence to show that the officer is dishonest.
The other piece of evidence that is commonly used in DWI cases is the results of the breathalyzer test. These results can also be challenged by showing the machine used to perform the test was faulty. If the machine is not inspected or does not meet exact specifications the results cannot be used against you. Also if the person who administered the test was not currently certified to do so the results of this test cannot be used against you at trial.
