El Paso Dwi Attorney Explains A Motion To Suppress Evidence

DWI convictions will have serious consequences on person's life including substantial financial penalties, a probable loss of driving privileges, negative reports on their criminal record and an increase in auto insurance rates. In addition to those consequences someone may also have to spend time in jail, enroll in DWI classes, be placed under probation, perform community service and pay additional fines and costs for other items such as court visits and ignition interlock devices. There are several complicated factors that go into determining the punishment for DWI arrest. Although you have the right to defend yourself in a court of law, it is highly advised to hire an expert El Paso DWI attorney that knows the process and by using their expertise could possibly get the charges dropped or have the charges reduced to a lesser crime.

One of the many steps in this process and the most common motions that your El Paso DWI attorney will file are called a motion to suppress evidence. A motion to suppress evidence is a pre trial motion that if carried out successfully and awarded by the court will help the chances of your success in court. Typically a motion to suppress evidence challenges the validity of all of the field sobriety tests and chemical tests that were administered, the manner in which you were arrested, whether or not your Miranda rights were advised to you. They generally question the validity of all of the claims against you. These motions are formally submitted with the court and typically demand specific items of evidence are taken out of the case or re-examined for constitutionality. If there has been any unlawfully obtained evidence in your case filing a motion to suppress evidence is a great way to get that evidence thrown out and not be used against you during your case.

Probable cause is the most common question that arises in a DWI defense. Probable cause typically questions the police officer's judgment and whether or not you should have been pulled over for a DWI. Many times the officer may have pulled you over for some other offense such as reckless driving, speeding, broken headlight or expired registration. However if it is determined that the arresting officer could not establish a lawful probable cause then the legality and validity of your case will come into question. At this point your El Paso DWI attorney will argue in court that you were unlawfully detained and by filing a motion to suppress evidence may try to have your entire case suppressed. It is critical that your DWI attorney submits all of the motion to suppress filings in a proper manner. You should count on many of these motions being denied if prosecution has enough evidence to continue the case.