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Is There A Common DWI Arrest Scenario?

Interviewer: Is there a particular back-story that you keep hearing from people that come into the office?

Eric: Yes. Nowadays all of them say that the police officers accused them of some form of bad driving. And they’re saying, “I didn’t do that.” We see their paperwork, and they’re busy telling the police, “I only had 2 beers.” Or the paperwork says the client said they had 2 beers and the client says, “I don’t drink beer, I didn’t tell them that. I had one or I didn’t say anything at all.”

So we see over and over again, in every case is the police saying that there’s some sort of a traffic violation. It’s sometime between the hours of 11:00 pm and 4:00 in the morning. The police officer then says, ‘I went over to the car, having nothing to do with DWI, I just thought it was a routine traffic stop and there it was. I found that the driver had red blood shot watery eyes, their speech was slurred, they smelled of an alcoholic beverage and when they got out of the car, they were unsteady on their feet. And that’s in 100% of the cases that we see, and I find that very hard to believe that in every single case a 100% of the time everybody exhibits all four of those things.

So these are the things that we attack and these are the cases and the things that we defend from our client’s point of view. That it can’t possibly be that all of those things occurred and it was all just a routine traffic stop and we believe that most of these alleged traffic stops would not have been a traffic stop at 4:00 in the afternoon. It was only because it was 4:00 in the morning that the police officer pulled them over.

By Eric Sachs