There isn’t a person on earth that likes being stopped by police officers, no matter what the reason. One of the most terrifying stops a person deals with concerns a DWI or DUI. The officer will ask the driver to step out of the vehicle and take a breathalyzer, and possibly do a sobriety test. This is so they can determine if the driver was “fit to drive”. Many attorneys believe that these tests are a farce. They are designed so that the suspects fail. Unfortunately, the appellate courts are in favor of these “tests” and the evidence against the accused. Ask a DWI Lawyer in Charles Town WV how you can fight this nonsense.
First, the lawyer will see if the officer carried out the test properly. In West Virginia, any official who attends a course entailing a few hours of sobriety in the field is allowed to carry out these tests with the public. Because very little training is required, it is not surprising that most officials cannot perform this test the right way. That’s right, most of the times the official fails in his own sobriety test by not giving the correct instructions, or using the correct rating criteria. The state will argue that any official error should be ignored. Do not let this hypocrisy be maintained without challenge.
Being intoxicated in West Virginia is a crime of opinion. The officer has the opinion that a driver is intoxicated and both the driver and the jury have every right to disagree. The standard for intoxication in every state is when an individual has lost the normal use of mental or physical faculties. There is no reliable objective measure to define exactly what “normal use” is. That is why a DWI Lawyer in Charles Town WV focuses on the individual. What are your normal mental faculties? Do you get nervous when questioned by the police? Was a good balance maintained during the test? What about behaving under stress?
Any driver can fight against the opinion of the officer. Everyone has different balancing issues or skills. Each person will act differently or look differently under the stress of a DWI investigation and an arrest. Remember, just because an officer told a driver that they “failed” their tests on the road does not mean he or she was drunk or is declared guilty. Contact a DWI Lawyer in Charles Town WV to learn more.
