Rules Of The Road
Here are a few important rules to remember if you or a loved one is stopped for suspicion of DWI/BWI:
- Do not admit to drinking.
- Do not participate in any field sobriety tests. These tests are not accurate and your participation can only hurt you.
- Do not consent to give breath or blood.
- You will be arrested, but you will not be convicted of a DWI.
We will make every court appearance so you don’t have to. The only time you will go to court is when we tell you to, and we will do all of the talking. We will work to protect your license from being suspended, and obtain an Occupational License if you desire.
Our firm is skilled in background checks of the arresting officer, including checking licensing and certification, personnel file history, and arrest history We will analyze the legality of the stop and the accuracy of the field sobriety tests on your video. We will file motions and attend hearings on your behalf.
The Importance Of A Blood Draw
Blood tests can be an opportunity to succeed for a skilled attorney, or it can be the nail in the coffin for a defense attorney without experience in the area.
Warrants must be issued correctly, with proper notary certification and with substantial facts that establish probable cause. A good practice is to file a separate suppression motion and brief regarding the warrant. Also, the warrant must document the issuing court and judge, and the warrant must have been obtained using accurate information and in proper order. Forensic procedures are also a large opportunity for suppression. The chain of evidence must be followed carefully and accurately.
If an officer obtains a warrant to draw your blood without your consent, request that a doctor in a hospital be the one to draw your blood. There also may be case law that excludes blood evidence when a defendant was also charged with resisting arrest as a result of resisting during the blood draw procedure.
We can obtain an occupational license for you so you can continue to drive to work, school, and other various activities. About half of the suspended license arrests I have seen were clients who had a DWI with another attorney, and did not know their license had been suspended. We will also work hard to protect your license from being suspended in the case of a DWI/BWI, and keep you informed along the way.