Not everybody arrested for DWI was intoxicated or impaired.
Gaiennie Law Office handles many types of cases, but DWI is different in many ways. DWI cases have their own strategy involving analyzing scientific data such as breath and blood alcohol tests, as well as the more subjective evidence. DWI penalties have been increasing over the years and can lead to mandatory jail time even for a first offense. If you are convicted, penalties can include ignition interlock, DWI classes, probation, and even jail time. DWI charges are serious and a skilled attorney advocating for you makes the difference in so many DWI cases. At the Gaiennie Law Office, DWI clients pay a fixed rate for representation from arrest through trial. Contact our team of the Gaiennie Law Office at (303)455-5030 for your free consultation.
The first step in the analysis of the case if to find out why the officer pulled the client over. We look at weather there was a valid reason for the officer to stop the vehicle, or whether it was for an improper purpose.
State law can offer more protection against traffic stops and warrantless searches than the U.S. Constitution. Your lawyer needs to look at the reasons that led to your being stopped by the officer. In some cases, the officer does not have reasonable suspicion of a crime that would allow him or her to stop you. Other times, the officer had an ulterior motive that can invalidate the stop. In either case, proper legal strategy can lead to the entire case being dismissed permanently.
Field Sobriety Tests
Once the officer has taken the driver out of the car, he or she asks the driver to perform Standardized Field Sobriety Tests. These tests were created to look for signs of impairment. The way these tests are done, and errors introduced by the officer, can sometimes make a driver look impaired unless the lawyer can show the jury the reasons for the poor performance. Analyzing and finding flaws in these ﬁeld tests can be an important step in showing that driving was not impaired, and in working toward a favorable resolution.
Probable Cause to Arrest
Once the officer has taken the driver out of the car, he or she asks the driver to perform Standardized Field Sobriety Tests. These tests were created to look for signs of impairment. The way these tests are done, and errors introduced by the officer, can sometimes make a driver look impaired unless the lawyer can show the jury the reasons for the poor performance. Analyzing and ﬁnding the flaws in these ﬁeld tests can be an important step in showing that driving was not impaired, and in working toward a favorable resolution.
Breath and Blood Test Results
Once the officer makes an arrest, the client may be given a breath or blood tests. When there are breath or blood alcohol levels in evidence, the attorney must know the science behind taking those samples and the known errors in the process of establishing a blood alcohol level. There are various factors that can affect the testing machines. The ability to attack the machine’s ﬁndings may depend on how much over the legal limit the score was. It may be easier to attack, for example, if a person blows a borderline score rather than a much higher score. If the client does not agree to testing, the prosecutor can argue that the client knew they were intoxicated. But many times there were other reasons for not blowing into the machine. When there are no test results, the attorney must explain why the client chose to refuse to give a sample. Perhaps the client does not trust the science, or the officer was acting in a manner where the client simply shut down and refused any further assistance. Whatever the reason is, it must be brought out and presented to the judge or jury.
If all negotiations fail to achieve an acceptable result, the case will be headed to trial. Usually, prosecutors will not dismiss or plea down a DUI to any other charge, because of restrictions in law or policy. DUI cases therefore will often proceed to trial. Your attorney must be skilled at trial strategy, knowing when to object and when to remain quiet, how to present witnesses who have helpful facts, and many other skills that go along with putting on a trial defense.
When your legal record and your future are on the line, you want a skilled DUI attorney fighting for you. Contact Gaiennie Law Office at 303-455-5030 to discuss your case. If you or a family member have been charged with a criminal charge, contact Gaiennie Law Office to discuss representation. With experience on hundreds of cases, our attorneys represent clients at every stage. We have a reputation among clients and colleagues for the high degree of care and communication that we bring to each individual client. Our Attorneys have advised hundreds of clients who had never been charged with a crime before, and understand that our clients‘ futures are at stake.
Once a person is charged with a crime, whether they are in or out of jail, ﬁnding a good lawyer early is key. In some cases, clients only have a few days to act to preserve key rights. Whether it involves securing evidence that will be helpful to your case, or helping remove restrictive release conditions, we assist clients in quickly regaining their footing after being charged with a crime. We treat clients with respect from the ﬁrst meeting as we begin working on the situation.
Arrest and First Appearance
When a person is ﬁrst arrested, he or she will see the judge within a day or two to determine if there was probable cause for the arrest. Skilled arguments at this stage can help secure a lower bond, or lead to the dismissal of an improperly charged case. The sooner that a person calls an attorney, the better chance of crafting effective arguments at the earliest stage.
When arguing for a reduced bond or conditions of release, a defense lawyer must be skilled at presenting each positive fact about the case and about the client as a person. We have conducted thousands of appearances on behalf of clients. When it comes to making requests of the Court, we work to show the humanity of our clients by investigating and coordinating witnesses to speak about the positive aspects of the client. In this way, the Judge can see a more rounded view of the person, and come to a fair determination of bond and release.
Developing the Evidence
The evidence in your case includes all of the reports, measurements, physical objects, and witness testimony that can prove your case. This evidence can be scattered around and collecting it requires a knowledge of the civil, criminal, and administrative methods of evidence gathering. Sometimes, an information request will yield an important piece of evidence. Other times, the audio or video evidence may help you win your case, but it was not gathered at the scene of the accident. Our Attorneys have experience in hundreds of cases involving the gathering of important evidence. Whether it requires serving subpoenas, conducting pretrial interviews, or hiring specialized expert witnesses, we have the investigation experience that can give clients the edge in proving the case.
Effective negotiation is extremely important to a successful outcome in a majority of cases. While certain cases cannot be resolved without trial, in the majority of cases both sides can reach a resolution that is, on the whole, better than the potential outcome after trial.
A lawyer must always be ready to ﬁght it out in court with the other side. But skilled negotiation is just as important in getting the best results
Because it is important to negotiate in almost every case, a lawyer should not alienate opposing parties or be hostile. A lawyer who ﬁghts with everyone cannot be consistently effective. Instead, your lawyer should usually remain professional and courteous to opposing parties, and negotiate from a position of power that is created by having the best legal strategy so that your case is as strong as possible.
Sentencing Structure and Arguments
The best outcome is to prove that the client did not do the crimes alleged, and to push for the case to be dismissed. But even when a client may have broken some laws, there is much work to be done. Often, clients are charged with additional crimes they did not commit, and in other cases the goal is to create treatment proposals or other sentencing arguments.
When arguing at sentencing, the defense lawyer must be skilled at presenting each positive fact about the case and about the client as a person. Our Attorneys have conducted thousands of appearances on behalf of clients. When it comes to making requests of the Court, we work to show the humanity of his clients by investigating and gathering evidence about the good things they are doing, and coordinating witnesses to speak about the positive aspects of the client. In this way, the Judge can see a more rounded view of the client, and come to a fair determination of sentence.
At the Gaiennie Law Office, our team will assist you through every step of your case. We are here to guide you through the process while being your advocate in court. Contact us at (303)455-5030 today for your free consultation.