A DWI is scary and concerning, and for many individuals, it results in some pretty sizable jail time. Individuals charged can expect to go to jail for about six months; however, there is an entire underbelly of individuals who are getting their DWI case thrown away. These individuals may be innocent or guilty, they may even admit to the guilt, and yet, the case is tossed away due to a nuanced legal system that encourages details and authority every step of the way.
The first major reason DWI cases are tossed with DWI defense attorneys is that the police did not follow strict codes and standards. That leaves a lot of room for error, and any of these errors can be blown up to larger proportions. For example, the initial pulling-over of the driver had to be reasonable. The charge can be nullified if the driver was pulled over for profiling or unsubstantiated speculation.
That is not all. The police force needs to actually prove on-location that the driver was intoxicated in some manner. The equipment may have shown a .1, but, is that enough? What if the equipment was faulty? All equipment follows strict standards of reviewing and it needs to meet codes.
The police should perform at the full standards of the law because putting someone in jail is a serious matter. Fortunately for those charged with DWI, that means the police had to enforce a pretty specific series of events.
There is a major factor playing right into the culture as a whole. The legal system does not want to put what is essentially a small crime case through a sentencing and jail time because jails are packed; the United States has a record-high number of incarcerations. Government pressure is pushing low-level criminals outside the scope of jail time, and that is having a major impact on DWI cases. Many in the court of law may not want to admit that they do not necessarily want the defense to go to jail. They will never say it out loud, but it is an unspoken secret. It will also determine the decision-making process when working alongside DWI defense Aattorneys.