Most people are not lucky enough to have the charges dismissed, and in order to win their cases, they have to take their cases to trial by jury. I believe juries focus on two things at your trial. First, they want to know that you have learned your lesson. I will try to assure them that you were traumatized by this experience and that you will not drink and drive in the future. DWI is a crime that the jury can usually relate to. Most people have known someone who has been arrested for DWI. Second, the jury considers whether the state has proven that you were intoxicated beyond a reasonable doubt.
The key in picking a jury is to find people who believe it is alright to have a drink and then drive and then giving them information that causes them to have reasonable doubt about whether you were intoxicated.
To establish reasonable doubt, I will do the following:
1) Give an explanation for how you were driving
2) Try and show that you stopped when the police officer asked you to stop
3) Provide an explanation for whatever other signs of intoxication the officer says he observed.
4) Obtain records of any of your physical handicaps.
5) Tell the jury how much you had to drink and why this did not cause you to be intoxicated
6) Use the manual the officer was trained with to challenge the field sobriety tests he gave you. I will use the manual to try and show that the officer did not administer the tests properly. If the officer did not administer the tests properly, then I will ask the judge to exclude the tests.
7) Show that there was no good reason for you to take the breath test.