Legal Defenses to Police Observation
How can DWI defense attorneys refute police evidence?
The St. Louis
DWI lawyers at
Millikan Wright, LLC have extensive experience in DWI cases. As former police officers, they
know firsthand the steps required by law in making a drunk driving case.
They also know the short cuts and mistakes that police officers can make.
Nearly all drunk driving cases include the observations of the arresting
police officer as part of the DWI evidence (defendant statement,
field sobriety test, portable breath test,
BAC test). These observations usually form the probable cause needed to stop and
detain a person for a DWI investigation. In the majority of drunk driving
cases, the officer observes erratic driving and/or a traffic violation.
When you have been arrested for driving under the influence, you need to
be able to rely on your defense. With over 50 years of combined experience,
you can be confident that the St. Louis defense lawyers are here when
you need it.
Contact our office to get started!
What do police look for during a St. Louis DWI stop?
When investigating a possible DWI case, police officers look for a variety
of possible indicators of intoxication, including:
- order of consumed alcohol
- alcoholic beverage containers
- slurred speech
- watery eyes, flushed face
- inability to speak coherently
inability to perform
field sobriety tests
- difficulty maintaining balance
- difficulty staying focused on simple tasks (producing driver´s license, etc.)
The issue with these observations is, again, they are very subjective.
Many of these physical conditions are indicative of many other possibilities,
not just intoxication. Other possible causes of these physical conditions
include: nervousness, exhaustion, illness (common cold, etc.) and other
In addition to statements made by a suspect, police officers make specific
observations during field sobriety tests conducted along the roadside.
The field sobriety tests are used to further indicate possible impairment
if the driver is unable to perform specific physical and mental tasks.
You are NOT required by law to submit to a field sobriety test. Many police officers will attempt to pressure or scare a driver into submitting
to field sobriety tests and portable breath tests. There are no consequences
to refusing a field sobriety or portable breath test.
Police Statement During DWI Arrest
Often people stopped for suspicion of drunk driving will answer a police
officer´s questions hoping to talk their way out of the investigation
or because they don't realize their statements can be used against
them later in court.
DWI lawyers understand the confusion people have regarding "Miranda"
and the use of statements against them. Some people mistakenly believe
statements made prior to a Miranda warning are not admissible in court.
THIS IS NOT TRUE. Some statements made voluntarily or in the course of
any investigation can be used against you regardless of the Miranda warning.
The 5th Amendment right to not incriminate yourself can be a confusing
and complex area of law. The best course of action is provide as little
information as possible during an investigation and politely state that
you prefer to speak with an attorney before answering any further questions
beyond identifying yourself.
When you meet with a
DWI lawyer, be sure to tell the attorney everything that transpired including the
information you provided the police officer. Our firm can help provide
the best possible DWI defense case for the evidence in your case, such as
police officer observations , defendant statements,
field sobriety tests , portable/preliminary breath tests and
BAC test results .