If you have been arrested and charged with driving under the influence for the first time in DC, it is important you build the strongest defense possible in order to minimize the future impact of your charge. A Washington, DC DUI lawyer is available to look at the facts of your case and develop the strongest possible defense for your set of circumstances.
Below, an attorney discusses some common ways defenses can be built for DUI charges in DC. To learn more call or discuss the specifics of your case, call today and schedule a consultation.
In order for a prosecutor to be able to prove someone guilty for driving under the influence, they need to establish two things.
We take a look at the facts as written in the police reports and try to see where the prosecutor’s strongest pieces of evidence are and where the weakest pieces of evidence are. We try to figure out where the holes are in the government’s case, and whether they have a problem with being able to prove that a person was in physical control of the vehicle.
As an example, were the keys out of the ignition? Was the person asleep in the passenger side of the vehicle? Was the person not even in the position to be able to put the car into motion because the car was broken down, out of gas, or otherwise not functional? We can take a look at those facts to try and build the defense against the operation side of a DUI.
On the impairment side, we always want to take a look at what kind of evidence the police believe they were able to gather that they think suggests that a person was under the influence of some intoxicating substance. Some of the questions we ask are:
Next, we take a look at whether the person provided a breath test or some other kind of chemical test because in D.C. there is a per se law that says that a person is presumed to be intoxicated if he or she has blood alcohol content of .08 or higher. That means that even if a person passed every single field sobriety test and showed no other visible signs of intoxication, if that person’s blood alcohol content was a .08 or higher, that person is nonetheless presumed to be intoxicated.
We will take a look at whether or not the prosecutor has alcohol-test evidence that they can use against a person. In the event that they do, we try to see if we can develop any challenges to the reliability or credibility of that blood alcohol or urine alcohol test. That means that we need to file discovery requests. We need to make sure that we get as much documentation as we can and make all of our requests for as much documentation that can shed some light on what kind of challenges we may have available to us for any of the evidence that the prosecutor might be presenting.
David Benowitz and his firm are the best strategic and compassionate teams you will work with. Mr. Benowitz and his team are diligent and proactive, which is further enhanced by David’s methodic and strategic approach to law. My case was a very complicated and emotionally charged case involving classified information, where I was facing three indictments, two carrying life sentences and one carrying 20 years. Mr. Benowitz utilized a network of lawyers coupled with his own strategy to navigate the case to success! I sincerely recommend David Benowitz quite literally with my life.
I found David to be very dedicated to fighting for your loved one’s rights. I also highly appreciated the fact that David kept us informed and empowered throughout the whole process.
Mr. Benowitz is an incredibly knowledgeable and dedicated professional. His commitments to social justice and community outreach are exemplary. I wholeheartedly recommend him for any matter.