Interviewer: What are some of the misconceptions people have about the DWI process when they come to you for representation?
David: I have to explain the law to them with respect to fact that they do not have to be drunk to be accused of drunk driving. I have to explain that DWI- driving while intoxicated is a misnomer because that is not what the government has to prove.
In fact, the southern version of DWI, which they call DUI- Driving Under Influence, is the law in New Hampshire. So if the driving has been influenced to any degree by alcohol, they are technically guilty of DWI.
That is one of the misnomers people have: “I wasn’t drunk.