Your attorney can challenge your DWI at three different stages throughout the process. The first stage is the stop. An officer cannot legally stop you if you aren’t breaking a law or driving erratically. If your attorney convinces the judge that the officer had no reason to pull you, the judge will dismiss your case.
The second stage is at the arrest. You may have heard that an officer must have probable cause that you’ve committed a crime to arrest you for that crime. Probable cause is the culmination of everything up to the point of arrest, including your driving, the officer’s observations of you, and your performance on the Field Sobriety Tests. If your attorney shows the judge that the evidence at this stage of the investigation did not add up to probable cause, the judge will dismiss your case.
Lastly, you must not forget that to be found guilty of DWI, the District Attorney has the burden of proving that you are guilty beyond a reasonable doubt. Beyond a reasonable doubt is the highest legal standard we have.
