For DWI, Operating a motor vehicle on a public vehicular area while appreciably impaired by an “IMPAIRING SUBSTANCE.” An impairing substance includes alcohol, prescription drugs, illegal drugs and over the counter medication. A driver may be convicted of DWI for taking prescription medication exactly as prescribed if it causes...
For DWI, operating a motor vehicle on a public vehicular area while “APPRECIABLY IMPAIRED” means evidence the driver’s mental or physical faculties were noticeable impaired. Mental faculties mean the ability to think clearly, understand your situation and communicate. Physical faculties mean the ability to show coordinated m...
For DWI, there are two alcohol breath tests. Only perform the roadside breath test if you are sure you will blow less than 0.08. Otherwise, refuse this test. Before performing the police station breath test, ask for and call a witness to delay the test. If you are sure you will blow less than 0.08, take this police s...
At a DUI trial, the officer must prove he had “REASONABLE SUSPICION” to stop the driver. Reasonable suspicion includes any traffic violation, unusual driving (slow speed, weaving within lane, sitting at a green light, etc.) suggesting a medical problem (seizure, heart attack, impairment, etc.) Without reasonable suspicion t...
