This article aspires to help ordinary people understand more about DWI allegations.
In most cases, a DWI charge can be broken down into three main portions.
1st Stage - Car Involved Is Moving
The first stage of a DWI case occurs when a car is moving.
The first part or stage is when a police officer observes a car while it is moving; during this process, the police officer watches for traffic violations.
If a policeman sees violations of the law, then he will pull the car over.
When police stop a car, they are operating legally, but their conduct is governed primarily by the Fourth Amendment.
This is where experienced DWI lawyers are crucial. Make sure to hire a lawyer who spends significant time staying abreast of Fourth Amendment law.
2nd Stage – Field Tests
The second stage of a DWI investigation occurs when a policeman requires the performance of field tests.
When law enforcement pulls a car over and the officer smells alcohol in the car, the officer will likely ask if alcohol has been consumed.
At this point, they will request the driver to get out of the car and do roadside tests.
No one is required to perform these tests, yet many people do achieve DWI tests thinking that a good performance will set them free, which is false.
Once an officer asks you to get out of the car, he will likely arrest you no matter how well you perform.
Therefore, you should not do these tests.
You may want to consider giving a truthful excuse to explain why you cannot perform the tests such as you may have old injuries that make success at these tests very unlikely.
Although if you have completed these tests, you will need an experienced DWI attorney.
3rd Stage – Chemical Tests
Finally, the third portion of a DWI case occurs when the police seek a chemical test.
Once people fail the field tests, police will arrest them, and transport them to jail where the police ask people to blow into a breathalyzer machine.
The decision to refuse the breath test or submit it is complicated and different in every state.
Consult a DWI attorney in your state to understand more about refusing or not refusing a breath test.
If an arrested suspect has breath alcohol over results over 0.08, then they will be arrested and charged with DWI.
Often, if someone blows under 0.08, they will also be charged.
Breath tests are based on poor science and can be vulnerable in court.