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DWI/DUI |
| I just had a drink
or two over the course of the evening. Am I really guilty
of DWI? |
| Remember, you are presumed innocent until
proven guilty, beyond a reasonable doubt. The government
must prove basically the following facts with regards
to DWI, as well as others: (1) you were operating a motor
vehicle; (2) in a public place; (3) while intoxicated
due to the introduction of alcohol, controlled substance,
or dangerous drug into your body; and (4) you did not
have the normal use of your mental and/or physical faculties,
or you had a Blood Alcohol Concentration over .08 (legal
limit). (Note that “drunk” and intoxicated
do not mean the same thing. Someone may be intoxicated
under the legal definition, but not visibly drunk to others.)
If the government fails to prove any one of these elements,
you should be found not guilty. It’s the government’s
burden of proof. |
| The amount of alcohol needed to cause
intoxication varies from person to person. It also depends
over what period of time you consumed the alcohol, how
much you consumed, whether or not you were also taking
medication that might affect your mental and/or physical
faculties, as well as other factors. In order to help
prepare for your defense, you need to keep receipts of
how much you drank over the course of the day, recall
who may have been with you that could testify for you
on your behalf, and note how much you had to eat, as well
as other factors. The attorney you hire to represent you
should ask you these very basic questions, as well as
where were you pulled over, so he or she can investigate
if the area was suitable for the officer to conduct field
sobriety tests |
| Just because you drank alcohol does not
mean that you were driving while intoxicated. |
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