What are the common elements of a DWI defense case?

In Washington, a DWI defense case is typically built around common elements that challenge the evidence against the defendant. The first element is determining the source of the suspicion of intoxication. Generally, law enforcement officers must have probable cause for arresting a driver for drunk driving, and if there is reason to believe the officer was mistaken, it can lead to the case being dismissed. Furthermore, the field sobriety tests must have been conducted properly and in accordance with standard operating procedures. If the test was administered in a manner that was not consistent with the officer’s training or the accepted standard, then the test results may be challenged. Another element of a DWI defense case is to challenge the evidence provided by the Intoxilyzer breath testing device. The device must be properly calibrated and operated according to standards. Furthermore, the operator of the machine must be properly trained and tested. If any of these elements are not satisfied, then the accuracy of the results could be questioned. Finally, the defense may challenge the accuracy of the blood-alcohol tests conducted by the prosecution. In Washington, the prosecution must prove beyond a reasonable doubt that the sample they are presenting is accurate and that the defendant was driving while impaired by alcohol. If the defense can challenge the validity of the blood-alcohol test results, this could lead to a reduction or dismissal of the charge.

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What are the common elements of a DWI defense case?

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