Interviewer: What are some common mistakes people make that hurt their case while it is ongoing or that hurt their ability to prevail somehow with DWI?
David: I have seen this more often than I like. People stumble on the field sobriety test and then they make some comment like they could not do that test even sober. That is a dumb statement to make, and I have seen that happen more than once. Such comments get put into the police reports. Imagine that.
The facts happen basically out on the roadway and then in the police station. Then it is up to the defense at that point to work as best as they can with the facts that have been already established.
Interviewer: Do you find people try to talk their way out of the arrest? Do they think they can defend themselves to the police officer or just explain what happened and then be let go?
David: I have seen that more than once, yes. The driver says, “I am a short distance away from home. Let me drive home;