DWI (Driving While Intoxicated) is a criminal offense in all states. Some state laws interchange DWI with DUI (Driving Under Influence), while others treat them separately, with DUI being a lesser charge.
All states have two types of DWI laws: per se and impairment. Per se means you can be charged with DWI depending on the concentration of alcohol or drugs in your bloodstream, even though it doesn’t affect your driving.
In most states, if your blood alcohol concentration (BAC) is .08% or more (.05% in Utah), you’ll be convicted of driving under the influence. If your driving ability is affected by alcohol consumption, you’ll be charged with impairment. For instance, if you fail sobriety field tests.
What Happens When You’re Convicted with a DWI?
Usually, DWIs are considered criminal activities, unlike other traffic violations. They are mostly misdemeanors, especially if it’s a standard first offense. Some states also have the second offense as a misdemeanor.
However, if you killed someone or injured them seriously when drunk driving, you might be looking at felony charges.
In some countries, a third offense, an exceptionally high BAC, or if you were transporting children while intoxicated, is typically a felony also.
DWIs attract heavy penalties, including expensive fines, suspension of your driving license, and possible time in jail.
For a misdemeanor, you might get up to a year in jail and a fine of up to $1000. A felony, on the other hand, can result in more than a year of jail time and fines of thousands of dollars. Other penalties include probation, community service, and demerit points.
Some DWI laws also require ignition interlock devices (IIDs) for convicted drivers.
Should You Hire a DWI Lawyer?
DWI lawyers specialize in DWI cases. They know the DWI laws in a particular state and have experience dealing with such cases.
If you are arrested for DWI, it’s not a requirement that you get a lawyer, though. You can choose to go to trial with no representation, and the court will assign you a public attorney.
However, if you don’t have experience in DWI laws, it might be difficult for you to assess the extent of your case. A public lawyer handles many cases, so you might not get the attention you need.
Consulting an experienced DWI lawyer will help you get a valuable opinion. Also, you can ask any questions concerning your case and what to expect. Most lawyers offer a free initial consultation.
However, it would still be advisable to hire a DWI lawyer to represent you.
How a Lawyer Can Help
If you are innocent, you will need a lawyer to prove your innocence. If there’s substantial evidence of your drunk driving, a lawyer can help explore different potential defenses as well.
Depending on how intoxicated or impaired you were, they can help bring mitigating factors to the court’s attention or point out case weaknesses on the prosecutor’s side, especially if it’s a standard first offense and you’re looking to whittle down the plea deal.
A DWI attorney will also help in negotiations to reduce the fines and penalties or jail time if you are convicted.
If you appear in court unrepresented, you might not know some defenses, and the prosecution might overpower you.
Before accepting a plea deal, it is wise to seek the opinion of an experienced attorney; then, you can decide whether to hire a DWI lawyer or not.
Talk to a DWI Lawyer
If you are being charged with DWI, you should contact an experienced lawyer. Even if you do not hire them to represent you, getting their professional legal opinion may give you valuable information, and you can decide on the steps to take.
Get an attorney who’s familiar with your state’s DUI laws and can advise you on bargaining tendencies and expected penalties.
