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A Driving While Impaired (DWI) conviction can cost you your license, your freedom, and a substantial court fine. Each case is unique, and there are numerous factors that can come into play in a DWI. You need a lawyer with knowledge of the law and experience litigating these issues.
How to Fight a DWI Charge
Each DWI has three potential lines of defense. First is reasonable suspicion: did the police have a right to interact with you? For example, did the officer have a legal right to pull you over, show up at your house and demand to talk to you, or start a conversation with you in the first place? The second line of defense is probable cause: did the police have the right to arrest you and/or force you to take a breath or blood test. The final line of defense is called the “guilt/innocence phase” of a trial. It is the prosecutor’s job to prove you are guilty beyond a reasonable doubt. A good DWI Defense is essential to keeping you on the road legally.
How to Protect Your License
A DWI conviction requires, at minimum, a one year suspension of your license. There are ways of keeping you on the road legally. Don’t accept a conviction, hire a lawyer eager to FIGHT to keep you driving!
Even if you are convicted, your attorney can get you a Limited Driving Privilege to keep you legally on the road.
What is the Process Like?
DWIs take from six months to a year to complete, sometimes shorter or longer depending on your needs. Other than Habitual DWI, all DWIs begin in District Court. Important evidence will be collected, such as breath or blood test results and police body camera footage. All the evidence will be analyzed and you will be advised on your best course of action. Ultimately, only you can decide how to plead in your case. At the same time you will be advised on the best way to protect you ability to drive legally.
If you elect to have a trial (often your best option), you will have a bench trial (there are no jury trials in criminal District Court). If you win then your case is closed (although you will still need to pay the Civil Revocation Fee to drive legally). However, even if you lose the bench trial you have the right to appeal and have a jury trial.
Important Things to Remember
1) You need a fighter in your corner who is experienced in DWI Defense.
2) The police officer’s only job is to collect evidence against you, not find the truth, and that’s a big difference. It is the judge and/or jury’s job to find the truth.
3) There is no DWI conviction that allows you to keep your license, but a good lawyer can, in many situations, get you a legally valid driving privilege, even if you are ultimately convicted of DWI.
I have litigated hundreds of DWIs, let me put my knowledge and experience to work for you.