I think it will be an alibi. He couldn't have done it because he was too drunk.
Maybe Feldman doesn't want to use it now because DAW will have to admit to DUI, risking losing his license for quite a while, I imagine, as it would be his second DUI. That would be tough for DAW, considering the MH, etc.
Following the thought, if what T_S says is true, an intoxication plea will be forwarded in the event of an appeal, it would mean Feldman thinks DAW will be acquitted in this trial. Feldman doesn't want to put DAW's license on the line now.
longjack
If found innocent, I also think DW's MH days are over.
I do not think admitting you are an alcoholic makes you surrender your license...You must be CAUGHT DWI
This is what the motion was all about.