A DWI charge is when an individual operates a vehicle while impaired by alcohol or drugs. Law enforcement officers may use field sobriety tests and chemical testing of breath or blood to assess driver intoxication levels. Here are the consequences of a DWI charge and how a DWI lawyer can assist:
License Suspension
When arrested for a DWI, your license is usually suspended via administrative or court-ordered suspension. With an administrative suspension, you are not authorized to drive; this may be applied if you are charged with a certain percentage of blood alcohol content. This applies if you refuse to take a chemical test as well.
If convicted in a criminal court, your license may be suspended for a prolonged period. A DWI lawyer can assist in navigating the process if you need to obtain a work permit for limited driving privileges. They represent you in a hearing if you refused a chemical test, potentially arguing against the automatic suspension for refusal.
Monetary Fines
Monetary fines are a direct consequence of a DWI charge if convicted. The total financial impact of a DWI may include fines, court fees, and license reinstatement charges. Payable amounts depend on the specifics of the case and the presence of aggravating or mitigating factors. These fines form a major part of the criminal penalties imposed by the court upon conviction. A lawyer provides guidance on navigating the financial implications of a DWI.
Jail Time
If you have multiple DWI charges, it can lead to jail time; the duration is impacted by the structured sentencing laws. Additional DWIs also increase the potential for a felony charge. The factors that impact the severity of a DWI sentence are divided into the following:
- Grossly aggravating
- Aggravating
- Mitigating
The presence of a grossly aggravating factor, like causing injury or death to others, leads to a harsher sentence. Aggravating factors can increase the punishment level if they outweigh mitigating factors; these include reckless driving, using a revoked license, or speeding over the legal limit. Mitigating factors are the positive circumstances that help reduce the severity of the sentence. An experienced lawyer works to challenge aggravating factors and highlight mitigating ones to achieve the most favorable outcome.
Permanent Criminal Record
DWI offenses are serious misdemeanor charges that do not automatically drop off your record after a certain period of time. This permanent record may have long-term consequences that impact future employment opportunities and the ability to travel to certain countries. A lawyer helps navigate a potential permanent criminal record by arguing to prevent a DWI conviction.
They examine every aspect of the case, from the initial traffic stop to the chemical test results. By questioning the legality of the stop or the accuracy of the breathalyzer tests, the attorney may have key evidence suppressed. In cases with limited evidence, an attorney negotiates a plea bargain to a lesser offense to avoid a DWI conviction.
Insurance Rate Increments
Some insurance companies view convicted drivers as high-risk, leading to an increase in insurance rates. The insurance provider may choose to cancel the policy following a conviction. This forces drivers to seek out insurers specializing in high-risk. Convicted drivers may need to file for a certificate of financial responsibility. Your lawyer can help challenge the charges to avoid insurance premium hikes.
Consult a DWI Lawyer
Inquire if your lawyer is able to challenge constitutional violations during your arrest to have unlawfully acquired evidence suppressed. If a blood test was used, the attorney may scrutinize the process to ascertain that the sample was free from contamination. Contact a reputable DWI lawyer to learn more about their services.
