When you’re arrested for a DWI, it feels like your world has just been turned upside down.
One minute you’re fine, and the next minute, you’re facing a host of consequences that could take a toll on your career, freedom, and even your life.
The good news? A basic understanding of the legal process can help. Knowing what to expect helps ease some of the anxiety that comes with the charge, and you’ll have the tools and resources needed to move through the entire process.
Here’s a breakdown of everything you need to know about:
- DWI charges
- the legal process
- and potential consequences
What Are DWI Charges?
DWI charges are often called Driving While Intoxicated. It means driving a car or other vehicle with a blood alcohol content (BAC) at or above the state limit. In most states, the legal limit is 0.08%. However, the point is, you can be arrested for a DWI even if you’re below the state’s legal limit.
State police and law enforcement officers typically arrest drivers with blood alcohol contents (BACs) at or above the legal limit, which in many states is 0.08%.
Officers can, however, make an arrest if they believe your BAC is too high to safely drive.
They can also use other pieces of evidence to charge you with a DWI. Examples include:
- Failing a field sobriety test.
- Appearing to be too intoxicated to safely operate the vehicle.
- Refusing a breathalyzer test.
DWI convictions carry serious penalties. In fact, according to statistics from the NHTSA, about 30% of all traffic fatalities are the result of driving under the influence (DUI) of alcohol. These are not figures but lives lost because the court sees DWI charges as an offense that is a threat to public safety.
The DWI Legal Process Explained
So, what is the DWI legal process? This is a common question people often ask when arrested for DWI. Everything might sound all over the place, especially if you’re not very familiar with the justice system. But it follows a certain path.
The Arrest
It all starts with the initial traffic stop. An officer stops your car because of a traffic violation or because they suspect you’re under the influence. They signal their suspicion through their observations and administration of field sobriety tests.
The moment you fail the tests or refuse to take them, you get arrested, your car impounded, and booked at the police station.
The Arraignment
This is your first appearance in court. During the hearing, the judge will read out your charges and ask you to plead. In response, you have the following options.
- Guilty – You plead guilty
- Not guilty – You plead not guilty
- No contest – You refuse to admit guilt
Most defendants plead not guilty so they can have time to get the details of the evidence against them.
Pre-Trial Motions
We mentioned that everything starts with a traffic stop, but that’s not exactly true. A lot happens even before you get to court. Your attorney can file motions that deal with the evidence, such as suppression of evidence or even challenging the constitutionality of the traffic stop. Was there a probable cause? Was the breathalyzer test administered in accordance with the law?
These and other related questions form the pre-trial. The motions are central. In fact, when the motions are successful, the defendant’s evidence will be thrown out. The court may even dismiss the charges.
Trial or Plea Bargain
As mentioned earlier, most cases don’t make it to the trial. This is because the prosecutor has the option of a plea bargain in which the defendant pleads guilty to a lesser offense. The question, though, is whether you should take the deal or not. Well, the decision would boil down to the weight of the evidence.
Your attorney, of course, will help make that decision. That is the importance of having one on your side.
Sentencing
When you’re convicted, there’s nothing left than the sentencing. This is where the court pronounces the judgment. Factors such as the BAC level, prior convictions, and whether anyone was injured during the arrest are considered. Fines and community services are some of the penalties to expect. Others are the suspension of your license and even jail.
Consequences of DWI Charges
You’ll also experience the effects of DWI beyond court. They include:
- Criminal penalties: You may be sentenced to fines, community services, probation, or even jail depending on the state. If you are a repeat offender, your penalties will be higher.
- Suspension of license: As already stated, a DWI conviction means your license will be suspended. The period differs from state to state. Some states have a mandatory license suspension. This means, according to the law, your driving privileges have to be suspended.
- Financial implications: As per an FBI/NHTSA study, a single DWI can cost up to $30,000. This figure is arrived at when legal fees, fines, increases in insurance costs, and other costs are added. There is also the additional cost of hiring alternative transportation.
- Employment issues: A DWI charge is a red flag for employers. In fact, it will show up in any background check you might be subjected to. This is one of the reasons job applicants are required to indicate if they have been arrested for or convicted of DWI. If the job you are applying for involves driving, you may just lose your job.
- Increase in insurance premiums: Insurance companies are not in love with DWI convictions. In fact, you might have to pay the piper in this area because they will increase your premiums. If you’re not lucky, they might even cancel your policy and blacklist you.
How Legal Help Can Help
You can, of course, face your DWI charges without any legal assistance. There’s no rule against that. But that would be unwise. The process of prosecuting DWI charges is not a walk in the park. Dealing with prosecutors is even more difficult.
Attorneys, however, will make that process less painful. And here’s how:
- Evidence review: They will go through all the evidence gathered against you and look for the cracks. If the device used to determine your BAC wasn’t working properly, they will use that against the prosecution.
- Negotiation: Experienced attorneys know how to negotiate with prosecutors. They can, therefore, secure reduced sentences for you.
- Experience: An attorney will not only help you understand your options and the entire process, but they will also know how the court works. For example, they will know the judges, the court procedures, and how to navigate those procedures.
- Protect your rights: Attorneys will also make sure your rights are protected. These are your rights as a US citizen, and they cannot be infringed, and they include the right to protection from illegal searches and self-incrimination.
Wrapping it all up
In many instances, it would seem like driving under the influence is one of the things to do if you’re going to have a good time.
But it’s not.
It is not a nice thing to do. You’ll find out in this post just how serious DWI charges are.
It doesn’t end with the court sentence, either. There are financial implications and even potential job losses.
As the process is not something you should experience without an attorney by your side.
Thankfully, you’ve been equipped with the basic information.
