When I consult with clients charged with DWI or DUI, I always make clear that in the majority of DWI cases, the game does not get interesting until the defense lawyer finds a way to suppress the Alcotest results. The Alcotest is the new version of the Breathalyzer. Absent a good probable cause argument, the DWI suspects BAC reading “what he blows” will generally dictate how the case proceeds. This is especially the case for first DWI offenses. Think of the readings as an anchor for the State. As long as It can rely on the Alcotest results sticking, Its case will not float out to see. However, once defense counsel yanks that anchor out….
In many cases the suppression ( or lack thereof) of the Alcotest results will mean the difference between 3 months and 1 year loss of license, or no license suspension at all, ignition interlock v no interlock, registration suspension, higher fines, guilty v not guilty, etc. The readings are supremely important.
Suppressing the readings is (in my opinion) the most technical aspect of DWI defense work and requires a lawyer experienced in the science behind the machine, and the legal knowledge to make the appropriate motions challenging the evidence.
Today was another example of a hard-fought battle which was finally won. After months of motion practice and argument, I prevailed and the Alcotest results were suppressed, meaning the State can not use them at trial. This also means that my client’s maximum exposure on the loss of license is three months as opposed to the 9 or 10 he was facing with the high BAC reading. It also means no ignition interlock. It also could mean, in some instances, a real shot at winning a trial.
It takes experience, training, and know how to fight a DWI case. Make sure you choose representation wisely