First Time DWI
How do you defend a first time DWI?
Any DWI offense is a serious legal problem, even for those who have never before had a brush with the criminal justice system. As time passes, the penalties for any DWI or intoxication offenses continue to be increased, and if you plead guilty to the charge you can expect certain penalties to be imposed upon you, including 3 – 180 days in jail, up to $2,000 in fines, a licenses suspension for 90 days to a year, and other repercussions, including increased insurance rates, court fees and problems associated with being restricted from legally driving. If you test higher than the legal limit, which is .08 or above for adults, .02 or above for underage drivers, and .04 for commercial drivers, you will be arrested and charged.
There are several aspects to any DWI offense, and once you have been taken to the police station and booked, the process will move forward. You have only 15 days from the time of your arrest to request a hearing with the licensing authorities to contest the suspension of your license. If you refused the BAC (blood alcohol concentration) test, either breath or blood, you will have your license suspended for a minimum of 180 days, under the "implied consent" law in our state. I know – I am a former DWI prosecutor, and my years of serving in this capacity has led to a firm grasp of all the legal elements in criminal cases involving DWI, from a first time offense, through to a felony DWI offense of the most serious kind.
It is frightening and shocking to be taken into custody, booked and charged, particularly for those who have never had any experience with the criminal justice system. Many people believe that there is little hope of defending against the charge and just plead guilty and take the punishment. What if there were errors in your case, or the breath testing device was inaccurate? You will be punished unnecessarily. You deserve to find out if your case could be dismissed or defended in court. There are various actions that my firm takes at once to determine the best strategy to employ, based upon exactly what occurred in your case. I am extremely proactive in how I defend a DWI. I do my own investigation of the situation, and look into every detail to find the flaws and errors that could be of benefit in defending against the charges.
Analyzing the Evidence
The arrest and charge started with a police stop. You were pulled over for some reason. In some cases, the initial stop was related to speeding or a minor infraction that then led to a DWI charge. It is imperative that we evaluate what occurred in the police stop. It is possible you were the victim of a rights violation if you were not driving in a manner that was illegal or could endanger others. Once pulled over, you were probably asked to perform various field sobriety tests. I am very familiar with every aspect of field sobriety testing – and how badly these tests can be administered. In order for the test results to be valid, these physical tests must be administered correctly. Even when correctly administered, the results are open to question. The most accurate of the tests, according to the NHTSA (National Highway Traffic Safety Administration), the "Horizontal Gaze Nystagmus" is only 77% accurate. These testing results can be open to challenge. I need to find out what happened, what you were asked to do, where you were asked to perform the tests, and every detail about what occurred.
I will also carefully review and evaluate the breath and blood testing procedures. If you were tested, I need to know exactly what occurred. Breath testing units can fail, as can any electronic device. There could be a failure to calibrate or maintain a testing unit, or it may have a history of inaccurate readings. The individual administering the test could have made errors in procedure, leading to a faulty or inaccurate reading. You deserve to be treated fairly, and to have your day in court. My firm's work on first time DWI charges has led to case dismissals, reduced sentences and acquittals at trial. My experience could be the advantage you need to avoid the consequences of a conviction.
Developing the right strategy and using my connections in the legal community, I will do my best to get your case dismissed so you can move on with your life.
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