DWI Charges
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Driving under the influence of alcohol or drugs is considered a serious offense and is dealt with very harshly in many states. In Texas, for example, drivers may face immediate suspension of their licenses before the trials even begin. Following a DWI conviction, the person may face significant fines, jail time, and a long period of probation. But what happens if a person is wrongly accused of DWI?
There have been many cases of traffic stops and other incidents that have resulted in DWI charges against individuals who were not actually intoxicated at the time of the arrest. The problem often stems from field sobriety tests that are designed for failure. Many people argue that the tests given by officers in the field are subjective and sometimes difficult for completely sober people to pass. The “eye test” for example, may be failed by persons with poor eyesight and other ocular problems that have nothing to do with alcohol-induced impairment.
Tests that involve balance and other physical activity can also cause incorrect analysis in the field. Persons suffering from disabilities and illness may not be able to complete the tasks required and may be wrongly accused of DWI. It is important to consider that the tests are not conducted by a machine, but a person who may or may not make the correct judgment every time.
There have been many cases in which people have faced DWI accusations following accidents or after violating minor traffic laws. In some instances, drivers have had their blood alcohol content (BAC) tested by a “breathalyzer” operated by an officer of the law. The machine is designed to read the level of alcohol in someone’s blood by measuring the amount exhaled by the individual. Common complaints include questions about the machine’s calibration, its use in the field, and the frequency of misreadings caused by food products and other legal substances that may affect its accuracy.
Because so many methods of analyzing a person’s sobriety can be questioned, it is important to consult an experienced attorney in the event that you are charged with driving under the influence. If you are wrongly accused of the crime, you are well within your rights to defend your position and attempt to have the charges against you dismissed.