This is probably not what you would expect to see on a DWI attorney’s blog. As a New Jersey DWI lawyer, I am in no way in favor of drunk driving: I am uncategorically against it.
I would imagine that anyone who views this video will be emotionally moved by the unthinkable consequences of drunk driving. The images in this video, a public service announcement from Australia, are graphic and very unsettling. While my job is to protect the rights of the accused, I also respect the victims of accidents, their families, and all who are affected by such tragedy.
While I am not “in favor of DWI”, I am, however, in favor of protecting people’s constitutional rights, and to make sure that the State proves the charges against the accused beyond a reasonable doubt.
A DWI arrest can happen to anyone, any age, any background: You are out for dinner with a friend and you have a glass of wine, or you had a beer at home and go to the store. On your way back, you encounter a roadblock or a checkpoint. The officer smells alcohol on your breath. You are unsteady during balance tests, for any number of reasons. The officer arrests you for DWI. You go back to the police station, and are confused because you are told you have to blow into a machine and you cannot talk to a lawyer. You decline to blow into the machine. You were not intoxicated, but you are given tickets for DWI and Refusal to Submit to Breath testing.
This scenario sounds simple enough, and happens frequently. Courts and legislators have stated that public policy demands that the roads be freed from drunk drivers. But, what happens to the drivers that are not drunk, but are caught in this net? Consult with the most qualified DWI lawyer that you can to see how your case can be defended.
This video was made as a warning at holiday time to not drive intoxicated. It’s message, of course, should be heeded year round.