Every driver typically recognizes that drunk driving is a crime. They know that the state can bring driving while intoxicated (DWI) charges against those who drive after drinking. Also known as driving under the influence (DUI) charges in other jurisdictions, DWI charges can carry an assortment of different penalties.
Drivers may need to pay fines and may serve time in jail. They may have to attend educational courses and are at risk of temporarily losing their driver’s licenses. Those accused of a DWI offense might hope to defend themselves against those allegations. To develop an effective defense strategy, people first have to understand how the state prosecutes drunk driving charges.
What do prosecutors typically focus on when trying to prove that a motorist was impaired?
Elevated alcohol levels
Chemical tests are often the foundation of DWI cases. Drivers who fail chemical tests by demonstrating a blood alcohol concentration (BAC) at or over the legal limits typically get arrested, if they are not already in state custody.
The standard limit for an adult who is driving a personal passenger vehicle is 0.08%. However, professionals operating commercial vehicles could face arrest and prosecution for a BAC of 0.04%. Zero-tolerance rules for underage drivers make 0.02% a high enough BAC to justify prosecution. Regardless of a driver’s performance in traffic, an elevated BAC is typically justification for DWI prosecution.
Impaired driving abilities
Some drivers decline chemical testing, but the state may already have adequate evidence to prosecute them. When there is proof that a driver displayed impaired abilities, that can be sufficient to secure a conviction in criminal court.
Video footage obtained from dashboard cameras in police cruisers, traffic cameras or the mobile phones of witnesses can show a driver operating a vehicle in an unsafe manner. Anyone who demonstrates notable impairments in traffic is at risk of prosecution regardless of their chemical test results.
The type of evidence that a prosecutor intends to present at trial can directly influence the right criminal defense strategy that a defendant should employ. Defendants hoping to avoid convictions may need to consult with a criminal defense attorney accordingly. Fighting DWI charges is possible with the right help and a realistic strategy.
