An operating while intoxicated (OWI) offense can cause a cascade of serious consequences. The person accused may have to take their case to trial. Employers, neighbors and other people might learn about the charges. If the accused motorist ends up convicted or enters a guilty plea, the penalties the courts might impose range from jail time and fines to probation and a driver’s license suspension. In some cases, defense attorneys can help people avoid convictions.
One tactic that could lead to the courts dismissing pending charges involves the suppression of specific evidence. Can a defense attorney suppress field sobriety test results or chemical test results in an OWI case?
Misconduct could affect the state’s evidence
Police officers must hold themselves to a very high professional standard. Not only do they need to avoid breaking the law while enforcing it, but they also need to uphold the civil rights of people they suspect of criminal activity. When a defense attorney can show that the police officer did not have a justification for a traffic stop, they might be able to convince the courts to exclude certain evidence during the trial.
Other times, the evidence may be lawful for the prosecutor to present, but it may not necessarily hold up under scrutiny. A lawyer might be able to bring in expert witnesses who can raise questions about the way the state gathered or assessed evidence. They could also provide alternate explanations for test results, such as unusual medical conditions.
People hoping to fight OWI charges have many options available to them. Reviewing the circumstances that led to an arrest with a criminal defense attorney can help OWI defendants evaluate their options and limit their chances of a criminal conviction.