When it comes to drunk driving, the defendant’s driving pattern is often a significant factor to be highlighted by the prosecution in an attempt to secure a DWI conviction. The prosecuting attorney may try to prove that you were indeed driving under the influence by asking the arresting police officer to testify that your driving behavior was consistent with that of a drunk driver.
Common examples of bad driving behavior associated with drunk driving include swerving, missing stop signs, speeding, or even driving too slowly. While these actions may suggest driving inattentively or poor driving skills, it does not automatically prove that a driver was under the influence of alcohol or drugs.
Although the prosecution’s strategy may seem convincing if you were indeed swerving, speeding, or committing some form of traffic violation, it is crucial to note that careless driving offenses by themselves do not actually prove that you were driving while impaired by alcohol or drugs.
It is unfortunate but true that there are a number of bad drivers on the road. While drunk drivers may certainly be hazards on the road, sober drivers may also pose considerable risk to themselves and the lives of others. After all, sober drivers can also make mistakes. Examples of sober yet dangerous drivers include drivers who are inexperienced, impatient, careless, reckless, and even simply old in age.
Some individuals who take specific prescription medications for health reasons may also be at risk for a wrongful DWI charge. Such medications that may possibly impair a person’s ability to drive include oxycodone, hydrocodone, oxycotin, valium, and Xanax. It may be difficult to operate a vehicle safely if some of these medications are taken in high doses, but the mere presence of these drugs in the blood should not automatically imply that a person is unable to drive.
When law enforcement officials observe poor driving on the road or in the event of a traffic accident, chemical tests such as blood, urine, or breath tests are typically required to check for traces of alcohol or drugs. If high levels of alcohol or drugs are found, then arguing a defense of bad driving may be difficult. However, many drivers have been charged with DWI based on their poor driving, and not because of their actual alcohol or drug impairment.
Being guilty of being a bad or distracted driver is not a reason to be placed behind bars. If you are facing DWI charges, consider what can be done to fight your charges before accepting plea offer or resigning yourself to a DWI conviction.
To help obtain the best possible results, it is to your advantage to consult with an experienced DWI attorney who can use every possible angle to challenge the DWI charges made against you. Your attorney may take the cross-examination, for instance, as an opportunity to show the jury other possible reasons for your poor driving behavior and how biased the arresting officer may have been to believe that you were drunk.