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Being charged with Driving While Intoxicated can can have serious implications. Not only could you be facing potential incarceration, you can face a license suspension, DPS surcharges, and be viewed as a "high risk" motorist for insurance. Costs associated with a DWI conviction can easily run in the thousands of dollars. Depending on what court you are assigned, you could be facing jail time for even a first offense. Having an experienced DWI attorney in your corner is vital for your protection.
How WITEK|BASILIO can help
Driving While Intoxicated (DWI) defense involves legal strategies and arguments used to contest and mitigate charges of driving under the influence of alcohol or drugs. Here are key components of a DWI defense:
Challenging the Stop:
Reasonable Suspicion: The defense can argue that the police lacked reasonable suspicion to stop the vehicle in the first place. If the stop is deemed unlawful, any evidence obtained may be inadmissible.
Procedural Errors: Any mistakes or violations of protocol during the stop can be grounds for dismissal.
Field Sobriety Tests (FSTs):
Test Administration: The defense can question whether the FSTs were administered correctly. Inaccurate instructions or improper administration can invalidate the results.
Test Conditions: External factors like weather, road conditions, or the suspect's physical impairments can affect performance on FSTs.
Breathalyzer and Blood Tests:
Calibration and Maintenance: The defense can request records to ensure that the breathalyzer machine was properly calibrated and maintained.
Officer Training: Ensuring that the officer who administered the test was properly trained.
Chain of Custody: Questioning the handling and storage of blood samples to prevent contamination or tampering.
Medical and Health Conditions:
Certain medical conditions (e.g., diabetes, acid reflux) can affect breathalyzer results.
Prescription medications or over-the-counter drugs can influence the results of sobriety tests and the suspect's behavior.
Witness Testimony:
Testimony from witnesses who observed the defendant’s behavior before, during, and after the stop can provide alternative explanations for the observed behavior.
Video Evidence:
Dashcam or bodycam footage can be reviewed to assess the defendant's behavior, the officer's conduct, and the administration of tests.
Constitutional Violations:
Any violations of the defendant’s constitutional rights (e.g., Miranda rights, right to legal counsel) can lead to the suppression of evidence or dismissal of the case.
Plea Bargaining:
Negotiating a plea deal to reduce charges or penalties can be a strategic option, depending on the circumstances of the case.
How a DWI Conviction Can Affect You
A DWI (Driving While Intoxicated) conviction can have significant and far-reaching effects on various aspects of your life. Here are some of the key areas where a DWI can impact you:
1. Legal Consequences
Fines: You may be required to pay substantial fines, which can increase with repeat offenses.
Jail Time: Depending on the severity of the offense and prior convictions, you could face jail time.
Probation: Instead of or in addition to jail time, you may be placed on probation with specific conditions you must meet.
Community Service: Courts often mandate community service hours.
2. Driving Privileges
License Suspension or Revocation: Your driver's license can be suspended or revoked, making it difficult to get to work, school, or other important places.
Ignition Interlock Device: You may be required to install an ignition interlock device in your vehicle, which prevents the car from starting if alcohol is detected on your breath.
3. Insurance
Increased Premiums: Your car insurance rates will likely increase significantly.
Policy Cancellation: Some insurance companies may cancel your policy entirely after a DWI conviction.
4. Employment
Job Loss: You may lose your job if your position requires a clean driving record or if you need a valid driver’s license to perform your duties.
Difficulty Finding Employment: Future job prospects can be negatively impacted, especially if the job involves driving or you need to pass background checks.
5. Personal and Professional Reputation
Stigma: A DWI conviction can carry a social stigma, affecting your relationships and how you are perceived by others.
Professional Licensing: Certain professions require clean criminal records, and a DWI can jeopardize professional licenses and certifications.
6. Financial Impact
Legal Fees: You will incur legal fees for defense representation, court costs, and possibly fees for probation or other court-mandated programs.
Lost Wages: Time off work for court appearances, jail time, or community service can result in lost income.
7. Personal Consequences
Stress and Mental Health: The process and consequences of a DWI can cause significant stress, anxiety, and depression.
Impact on Family: The legal and financial repercussions can strain family relationships and create hardships for your loved ones.
8. Educational Opportunities
Loss of Scholarships: If you are a student, a DWI conviction can result in the loss of scholarships or financial aid.
School Disciplinary Actions: Some educational institutions may take disciplinary actions, including suspension or expulsion.
9. Travel Restrictions
International Travel: Some countries may deny entry to individuals with a DWI conviction, affecting your ability to travel abroad.
Summary
A DWI conviction can have severe and lasting impacts on various aspects of your life, from legal and financial consequences to personal and professional repercussions. It's important to understand these potential effects and consider seeking legal counsel to navigate the complexities of a DWI charge.
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