If you are reading this, chances are you or someone you care about has been charged with driving while intoxicated. This can be one of the most confusing and stressful moments of your life. You might be feeling scared, embarrassed, or unsure of what to do next. You are not alone, and you are in the right place. At our firm, we understand how serious this is. We know how much is at stake. Whether it’s your license, your job, or your reputation, a DWI charge can affect your life in many ways. But there is one thing that can help change the outcome of your case, and that is evidence. When it comes to defending against a DWI charge, the evidence can make all the difference.
Arthur Pressman focuses in the areas of DWI, traffic law and criminal defense.
Understanding What Evidence Means in a DWI Case
Evidence is any information used in court to support your side or the other side. In a DWI case, this includes things like the reason you were pulled over, how the police acted during your stop, your behavior at the time, and the results from any tests you were given. The tests could be a breath test, blood test, or a field sobriety test. Sometimes, there are videos or written reports that come into play. All of this is used to tell a story about what really happened.
The good news is that not all evidence is always correct or strong. Sometimes tests are not done right. Sometimes the machine used for a breath test is not working properly. And sometimes police officers make mistakes. That’s where we come in. We look at every part of the evidence to find any errors or problems that could help you.
Why How You Were Stopped Matters
A police officer must have a reason to pull you over. They can’t stop you just because they feel like it. Maybe they say you were swerving or speeding. Maybe you had a light out on your car. If the stop was not legal, then anything that happened afterward, including test results, may not be allowed to be used against you. That’s a big deal. When we look at your case, we always check how and why you were pulled over. If the reason is weak or unfair, that could help us fight for a better outcome.
I was advised by a mutual acquaintance to contact Mr. Pressman following my DWI that I received on December 28, 2015. This was the best advice that I could have been given. He was available immediately to speak with. I was put at ease after speaking with him. It was my first DWI and I had no idea what to expect. It was an isolated case of making a very foolish decision to drive. I had so much anxiety and fear of the unknown. Throughout my whole case Mr. Pressman was very reassuring and kept a positive attitude about what my outcome was going to be. He was available several times when I had random questions and never made me feel like an inconvenience. He was right! My case ended up being reduced to a violation from a misdemeanor and now I can finally begin to have my life back to normal. It was a hard lesson to learn but with the right attorney by your side the transition will be easier.
Anita D.
Field Sobriety Tests Are Not Always Reliable
Field sobriety tests are the ones where an officer might ask you to walk in a straight line, touch your nose, or follow a pen with your eyes. These tests are often hard for anyone to do, even if they are sober. If the ground is uneven, if it’s cold out, or if you are nervous, you might do poorly. That doesn’t mean you were drunk. We look at how these tests were done, whether the officer gave clear instructions, and whether the conditions were fair. If not, we can challenge the results.
Breath and Blood Tests Can Be Wrong
Most people think breath or blood tests are always right, but that is not true. The machines used for breath tests must be checked and cleaned often. If they are not, the results can be wrong. Also, if the person giving the test does not follow the right steps, the reading may not be accurate. Blood tests must be taken and handled in a very careful way. If something goes wrong during that process, the results may not be trusted. When we defend your case, we look at the records for the machines, the training of the people using them, and how the samples were handled. Any problems here can help your defense.
Police Reports and Videos Can Tell a Different Story
The police officer will likely write a report about what happened. That report might say you looked drunk or smelled like alcohol. But we don’t just take that at face value. If there is a video, like from the police car or body cam, we can watch it to see what really happened. Maybe you were polite and calm. Maybe you walked fine and spoke clearly. That can show a very different picture than what the report says. We use those videos to show your side of the story in a powerful way.
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Witnesses and What You Say Matter Too
Sometimes, there are other people who saw what happened. Maybe a friend was with you in the car. Maybe someone nearby saw the stop. They may be able to say something that helps your case. Also, what you say during the stop can become part of the case. If you were honest, cooperative, and didn’t admit to drinking too much, that can be helpful. But if you were not told your rights or pushed into saying something, we can fight to have that left out.
The Role of Time and Details in Your Defense
How long after driving were you tested? What did you eat or drink that day? Did you have any medical conditions? All these details can affect how your body handles alcohol. Some conditions or even certain diets can cause false results in breath tests. The time between driving and being tested can also change the outcome. That’s why we always ask lots of questions and gather as much information as possible. Every little detail can matter.
How We Use the Evidence to Build Your Defense
When we take on your case, we do not just read the police report and move on. We go step-by-step through every piece of evidence. We ask questions. We check for mistakes. We find anything that does not add up. Then, we use that to build your defense. Sometimes we can show that the stop was not legal. Other times, we can show that the tests were not done right. In some cases, we can even show that the officer’s memory is wrong or that the report is not true. Every case is different, but what stays the same is how we use the evidence to protect your rights.
Case Results
A Strong Defense Can Mean a Better Future
Getting charged with DWI can feel like the end of the world, but it does not have to be. If the evidence is weak, if the police made mistakes, or if your rights were not respected, there is hope. A strong defense can lead to lower charges, fewer penalties, or even having the case thrown out. But to get there, the defense must be built the right way, with a deep look into every detail of the evidence.
What You Should Do Next
If you are facing a DWI charge, do not wait to get help. The sooner we can look at your case, the better chance we have to find problems with the evidence. Time matters. Records can be lost. Videos can be erased. Witnesses can forget. You need someone who knows what to look for and how to use it to help you.
You are not just a case number. You are a person who deserves a fair chance and a strong defense. Let us stand by your side, protect your rights, and help you move forward. At Arthur L. Pressman, Attorney at Law, we are ready to help you fight your DWI charge and work toward the best result for your future.