When faced with DWI charges, you definitely need to consult with a DWI lawyer as soon as possible to build a strong case that can disprove the findings of a physical examination. If convicted, you could be facing jail time and fines between $500 to $2,000. There are plenty of different ways you can disprove findings of a physical examination. Here are 3 ways your attorney may recommend trying.
Provide Records of the Prescription Medications You've Been Taking
If you've been taking medication that affects how you respond or move physically, your DWI attorney could argue that the findings of the physical examination do not necessarily prove that you were driving while intoxicated. You'll want to provide your attorney with a record of the various prescription medications you've been taking. Your attorney will research known side effects of the medication in order to support any claims you've made. For example, some medications might cause you to exhibit a constant tremor, whereas others may cause your eyes to become red.
Obtain Testimony from a Medical Expert Witness
The findings of a physical examination may merely prove that your physical condition at the time of the arrest was is not the same as that of a typical Joe. While it's true that your eyes might have been bloodshot red or that your muscles were extremely tensed, these physical conditions could be a result of a wide array of issues. If you've been dealing with conditions or diseases that might have contributed to your physical condition at the time of the arrest, testimony from a medical expert you've been seeing might shine some light to your situation.
Show Up in Court and Show Yourself Off
Although the police officer may claim that your physical condition was not normal, normal is rather subjective. You might just naturally have tensed muscles or be unable to walk in a straight line. Depending on the type of finding that was recorded in the physical examination, your DWI attorney might just recommend that you show up in court and show yourself off. Show the judge that what the police officer perceived to be bizarre as normal for you.
Conclusion
Fortunately, collecting and gathering evidence needed to disprove the results of a physical examination is relatively easy. Just to be sure, your DWI attorney may recommend having several other defenses ready for court, so that you're not taking any unnecessary chances. For more information, consult with a lawyer from a firm like The Law Offices of Nathan A. Steimel.
