Interviewer: When you see the people that say I’m guilty, they caught me maybe I should just plead guilty. How do you explain about how defensible is your run-of-the-mill DUI case? I know every case is different.
There Can Be Issues with the Breath Test Result
Lauren Scardella: That’s a good question. The run of the mill DWI case is usually defensible at the very least in terms of the BAC. That doesn’t mean that we get the Alcotest® reading thrown out in every case but that is probably where there’s the most success. The reason that’s important is that in the case of a first offender, if the reading gets thrown out, the license loss is the shorter 3 month suspension as compared to the 7 to 12 month suspension with a reading over .10%.
Most people truly do not perform very well on the field sobriety test but they’re driving conduct is usually decent to pretty good. To their disadvantage though, they make admissions to the police such as, “Oh, I know I shouldn’t have driven,” or they admit to the police that they have been drinking. Those kinds of things can make the observations portion of the case much harder to defend.
Beyond a Reasonable Doubt: The Driver’s Perception of the Case Has No Impact on Whether Or Not the State Can Prove Their Case
Interviewer: If someone thinks the case is doomed, what’s the reality? More often than not, you’re able to make some good inroads?
Lauren Scardella: Much of the reality is that one person’s perception of what they did has nothing to do with whether or not the State can prove its case. Even though it’s a traffic offense, the State is required to prove guilt beyond a reasonable doubt.
They have to accomplish that by presenting competent evidence. If I know I went out to a bar and I had three drinks in an hour, that’s going to put me over the limit. If I get behind the wheel of a car and I get arrested, I may know myself that I have had too much to drink before I drove, but that doesn’t mean that the State can prove it.
While Not Every DWI Case Demonstrates an Apparent Defense, It Is Always to Your Advantage to Have the Case Reviewed by an Experienced DWI Attorney
There are going to be cases where there simply are no defenses but you don’t know at the beginning of the case whether or not something can be done.
In many cases something can be done but if you just think to yourself I’m guilty and want to be done with it—you’re missing the opportunity to have an attorney review your case and look under every stone to find defenses. Many times, attorneys do find defenses.