Trying a DWI case is in some ways just like trying any other case before a jury. It requires that you are able to connect with your jury, undermine the case of the prosecutor, and effectively communicate your theory of the defense.
However, there are some basic concepts and strategies that can and should be utilized in almost every DWI trial. In this article, I outline some of these basic strategies for how to conduct a successful defense of a DWI charge.
- Voir Dire
- Opening Statement
- Cross Examination of the Arresting Officer
- Vehicle in Motion
- Initial Observations
- Field Sobriety Tests
- Horizontal Gaze Nystagmus
- Walk and Turn and One Leg Stand
- Elimination and Absorption of Alcohol
- Use of the DOR Form 2389/Alcohol Influence Report (AIR) and Narrative
- Jury Considerations
- Blood Tests
- Breath Test
- Refusal
- Defendants Evidence
- Closing Arguments
