DUI/DWI Lawyer
Sometimes we all make mistakes and may need the assistance of a DWI or DUI lawyer if charged with a violation of DUI law or DWI laws. While no one should drive under the influence, if you have been charged, learning more about the DWI laws in your state is a critical step as you work to take responsibility and move forward after this incidence.
A DUI is a legal term for a specific offense, that of driving under the influence. The abbreviation DWI typically means driving while intoxicated. A DUI or DWI may be related to not only the consumption of alcohol, but also drugs, both legal and illegal. Some non-prescription drugs may be sedating and fall in this category as well. Some states have expanded their DUI and DWI legislation to include driving while otherwise impaired, such as when sleep deprived. These laws may also apply to boating, piloting aircraft and even bicycling. Legal statutes today in most areas provide for two separate offenses. The first is the traditional drunk driving offense. In this case, the police officer's observations of drunkenness, as well as any field tests for drunkenness, will be used as evidence, along with a presumption that blood alcohol levels exceeded legal limits. In the case of the second, the illegal per se offense, there is no need for the individual to have appeared drunk, but simply to have shown test results in excess of legal blood alcohol limits. If testing was not done, only the first charge is an option; however, in many cases, both charges apply. Blood alcohol content or BAC is typically measured as a simple percentage.
If you are stopped for a DUI or DWI, you should, as with any traffic stop, cooperate fully with the police officer, providing all requested information. In most cases, if the officer suspects that you have been drinking and are impaired, you will be asked to perform a variety of field tests to determine sobriety. Field sobriety tests to determine whether you are guilty of a DUI or DWI typically include walking heel-toe in a straight line, standing on one leg for a short period, or other tests which should be easily passed while sober. The officer will also observe for slurred speech or other signs of drunkenness. If you are sober, you should not worry if stopped for a DUI or DWI. Typically, a blood alcohol test will also be performed, and if clear, you will not be charged with a DUI or DWI under DWI laws. The most common blood alcohol test used to determine BAC under DUI laws is a simple Breathalyzer test.
While you may be tempted to refuse field sobriety tests if you have been drinking, the DUI laws and DWI laws are set up to prevent this. Nearly every state has administrative licensing suspension as a part of their DWI and DUI laws. If you refuse testing, they can take and suspend your driver's license immediately. This will not help your DWI defense.
If you have been stopped for a DUI or DWI, by DWI laws in most states, the officer will immediately confiscate your license. In most states, a DUI or DWI is a misdemeanor offense, punished by fines and license suspensions. If you have caused an accident, injury or fatality while driving under the influence, DWI and DUI laws allow for much more severe consequences. More severe punishments may also be imposed under DUI law for repeat offenders.
If you have been accused of a DUI or DWI, the officer will confiscate your license, and you will be taken to the police station for processing, including a search, fingerprinting, and mug shots. Your license will be immediately suspended; however, in some states you may be able to schedule an administrative hearing to acquire a temporary license until your trial.
While the consequences of a DUI or DWI are quite severe, if you were in the wrong, you may simply choose to plead guilty and accept your punishment. In some states, you may be offered the option of taking classes to reduce the penalties associated with your DUI or DWI. If you feel the charge was unfair or inaccurate, you will likely need a lawyer specializing in DUI law and DWI laws.
All states in the United States specify a blood alcohol content level of .08% as the legal limit. Some states have lesser penalties in place for an excessive, but lower BAC as well in their DWI law statutes. In many states, there are also laws in place banning drinking while physically driving, or even having an open container of alcohol in the passenger compartment of the car. If you are under 21, the presence of any alcohol at all in your bloodstream may be enough to merit a DUI or DWI charge under your state's DUI laws.
In the average first offense DWI case, the sentence usually includes a suspended jail sentence, one to two years of supervised probation, a fine, court costs, community service, alcohol abuse screening, and mandatory driver training or drunk driving education. Typically the court allows fines, which may be substantial, to be paid over time. You should also expect license suspension per your state's laws, increased insurance costs, and some amount of personal embarrassment and humiliation. Repeat offenders may face jail time or even license revocation. If you were charged with DUI or DWI under DWI laws after an accident, charges may be more severe, up to and including manslaughter.
Unless you intend to plead guilty and take responsibility for the DUI or DWI with which you have been charged, you will likely need a DUI lawyer to help you with your DWI defense. Pleading guilty is an option, and if you are guilty, may be the best one. Your DUI/DWI defense may be based on any of several conditions. First, if you are actually innocent of the offense, you may wish to make clear that you were not, in fact, driving under the influence. A good DWI defense attorney can help you with this.
If you need to develop a DWI defense when you were, in fact, at fault, it will be more challenging and may require a technicality in order to allow you to go free. In some cases your DWI lawyer can help get charges reduced, or perhaps allow you to get your license back in a more timely manner.
Your DUI or DWI lawyer can help you navigate DWI laws and assess the likelihood of winning at court. Your DUI lawyer cannot tell you how to plead, but can advise you on DUI law and help you make the best decision in this difficult situation.
Finding a DUI lawyer to assist with your DUI defense is not particularly difficult. You can check your local phone book. Many DUI lawyers advertise their specialty in DUI and DWI defense quite prominently. Call several DUI lawyers and ask about their typically DWI defense and their success rates. Some may offer a free consultation regarding your case. You should look for an attorney in good standing with the local bar association for the best DUI defense. Do choose a DWI lawyer, as opposed to one who specializes in typical traffic violations for the best likelihood of a good outcome at trial.
You may also want to look online for an attorney for your DWI defense. Many sites offer directories of lawyers in your area specializing in drunk driving defense arguments, and you may be able to find more information about local DWI and DUI lawyers by researching online. These lawyers know your state laws and even local judges. They may have a better chance of getting your charges reduced or sentence lowered, even if you are found guilty of DUI or DWI.
Consulting with a DWI lawyer is smart, even if you do choose to plead guilty. They DUI lawyer can explain the sentence you should expect, penalties and fines. You may, at least, feel more comfortable when aware of what will happen during the legal process around your DUI or DWI.
If the charges of DUI or DWI were made in error, your drunk driving defense is fairly clear. While this does not happen often, it is within the realm of possibility and you should certainly hire a DWI lawyer to prove your innocence. If your DWI defense is not that you were innocent, it may be made on the grounds that your constitutional rights were violated in some way, that the arresting officer did not follow proper procedures and protocols, or perhaps that the testing of your blood alcohol was not accurate at all, due to poor equipment or other considerations. In some states, you do have the option to pay for a nurse, doctor, or other qualified person to conduct their own tests, so the last argument may be less viable in those situations.
While your DUI layer is an excellent resource with regard to DUI laws in your state, a good DWI lawyer will be honest about your chances of winning and advise you competently and ethically with regards to the best plea in your individual situation. If you have been charged with a felony, as is the case if you do significant damage, cause injuries, or even if your DUI results in a fatality, you have the legal right to an appointed attorney; however, you may be better served by one of your own hiring. In some cases, if there have been procedural issues, a not guilty plea may result in a clean record; however, more often than not if you were guilty of drunk driving, even a good drunk driving defense will not save you from the consequences of your own poor choices.
Sentencing for a DUI or DWI depends upon your state, your age, and the relevant DUI and DWI laws. In an effort to crack down on underage drinking, having any alcohol in your bloodstream can result in a DUI or DWI for underage drivers. Your sentencing under DUI and DWI laws will also be impacted by whether you have any prior DUI or DWI offenses, whether you caused an accident, and by the severity of that accident if you did.
Sentencing for a DUI may include any of the following, even for a first offense: license suspension, suspended or even served jail sentencing, supervised parole, alcohol treatment, and driver training programs, as well as hefty fines. While a first DUI or DWI is typically a misdemeanor charge, if you injure or kill someone or do substantial property damage, you may find yourself facing felony charges and substantial jail time.
Once sentenced, you should be certain to meet all terms and conditions of your sentencing. Do be prepared for the fact that consequences of driving on a suspended license are severe, and that many states may require a Breathalyzer device be installed in your car.
Once you are past your trial and have been sentenced, or if you were very fortunate, cleared of all charges, you will begin the process of recovering from your DUI or DWI. If you were innocent of all charges, life may resume normalcy rather quickly. If you have been sentenced, you likely have courses to attend, bus schedules to contend with, and some amount of embarrassment over your DUI or DWI. You may wish to consider whether or not it would be appropriate to seek alcohol treatment. Very often a DUI or DWI is a sign of a drinking problem.
Once your license suspension has ended, it is critical that you learn from your prior mistake. Avoid drinking, make sure you have a designated driver, or take a taxi home if you have been drinking. Accept that maybe you are not a good judge of how much you have had to drink, as is illustrated by your DUI or DWI conviction. This may be a good wake up call, and perhaps a time to realize that you should be lucky that you are the only one who bore the penalties of your DUI and you are not carrying the guilt of having killed another driver on the road.