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DWI Criminal Defense Lawyer

DWI Criminal Defense Lawyer

Facing DWI charges and need free legal advice? Call 1-800-ATTORNEY (1-800-288-6763)!

Being arrested for driving while intoxicated (DWI) can be a frightening and life-altering experience, and many people have concerns about the legal costs associated with defending their rights and freedom. There’s a common misconception about how much you’re expected to pay for legal representation in a DWI case. In fact, there’s so much misinformation out there that most people don’t realize that it’s possible to get free and low-cost legal help for their situation.

Driving While Intoxicated

Arrested for DWI?

24-Hour Free DWI Legal Help Hotline

If you are facing DWI charges and need expert legal guidance, call 1-800-ATTORNEY today to discuss the facts of your case with an experienced DWI criminal defense lawyer (calls accepted 24/7).

Whether you’ve been charged with a first-time DWI or have prior convictions, your best bet is always going to be finding a local DWI attorney who offers free consultations.

When you call 1-800-ATTORNEY (1-800-288-6763), you’ll be connected with a DWI criminal defense lawyer in your area who’s familiar with the DWI laws in your state, who’s willing to listen to your concerns, and who can explain the options available to you moving forward. Calls are answered 24 hours a day!


When facing serious charges like DWI (Driving While Intoxicated) or DUI (Driving Under the Influence), the consequences can be life-altering. 

The complexity of DUI laws and the severity of the potential penalties make it crucial to have an experienced DUI defense lawyer by your side. Navigating the legal system alone can be daunting, and without proper representation from a reputable law office, you may find yourself facing the maximum penalties allowed by law. The stress and uncertainty surrounding DUI charges can take a toll on your mental health, relationships, and professional life.

That’s where 1-800-ATTORNEY comes in. Our team of skilled criminal defense lawyers has the knowledge and experience necessary to build a strong DUI defense on your behalf. We understand the intricacies of DUI laws and can guide you through the legal process, fighting to protect your rights and minimize the impact on your life. 

From challenging the validity of sobriety tests to negotiating plea bargains, our criminal defense attorneys will explore every avenue to achieve the best possible outcome for your DUI case. Our law office has a proven track record of successfully handling criminal cases, including DUI offenses, and we offer a free initial consultation to discuss your case and your legal options.

Don’t let DUI charges define your future – contact 1-800-ATTORNEY today for the expert legal representation you need and deserve.

Understanding DUI Charges

When you’re facing DUI or DWI charges, it’s crucial to understand the basis of these allegations and the potential consequences. A DUI conviction can lead to serious penalties, including fines, license suspension, and even jail time. 

To navigate this complex legal situation, it’s essential to work with an experienced criminal defense lawyer who can protect your rights and build a strong DUI defense strategy. At our law office, we have the expertise to handle a wide range of criminal cases, including DUI offenses, and we offer a free initial consultation to help you understand your options and make informed decisions about your case.

Blood Alcohol Concentration (BAC) Limits

One of the primary factors in a DWI case is your blood alcohol concentration (BAC) at the time of the arrest. Most states have set the legal limit for BAC at 0.08%, meaning that if your BAC is above this level, you can be charged with driving while intoxicated (DWI) or driving under the influence (DUI). However, some states have lower limits for commercial drivers or individuals under the age of 21.

It’s important to note that even if your BAC is below the legal limit, you can still be charged with DWI if your ability to drive is impaired by alcohol or drugs. A skilled criminal defense attorney can challenge the accuracy of BAC tests and work to minimize the impact of these results on your case.

Field Sobriety Tests

When a police officer suspects that a driver is under the influence of alcohol or drugs, they may administer field sobriety tests. These tests are designed to assess a person’s balance, coordination, and ability to follow instructions. Common field sobriety tests include the horizontal gaze nystagmus (HGN) test, the walk-and-turn test, and the one-leg stand test.

However, field sobriety tests are not always reliable indicators of impairment. Many factors, such as physical limitations, medical conditions, or environmental conditions, can affect a person’s performance on these tests. A knowledgeable DWI lawyer can challenge the validity of field sobriety tests and argue that they should not be used as evidence against you.

Breathalyzer and Chemical Tests

In addition to field sobriety tests, police officers may also use breathalyzer or chemical tests to determine a driver’s BAC. Breathalyzer tests measure the amount of alcohol in a person’s breath, while chemical tests analyze blood or urine samples for the presence of alcohol or drugs.

While these tests are generally considered more reliable than field sobriety tests, they are not infallible. Improper calibration of breathalyzer devices, contamination of blood samples, or errors in lab analysis can all lead to inaccurate results. A skilled attorney can investigate the testing procedures and challenge the admissibility of these results in court.

Consequences of a DWI Conviction

A DUI conviction can have far-reaching consequences that extend beyond the courtroom. From substantial fines and court costs to license suspension and even jail time, the impact of a drunk driving conviction can be severe and long-lasting. It’s crucial to understand these potential consequences and work with a skilled criminal defense attorney to minimize the fallout of a DWI charge.

Fines and Court Costs

One of the most immediate consequences of a DUI conviction is the financial burden. Fines for a first-time DWI offense can range from several hundred to several thousand dollars, depending on the severity of the offense and the laws in your state. In addition to fines, you may also be responsible for court costs, legal fees, and other expenses related to your case.

The financial impact of a DUI conviction doesn’t end there. You may face increased insurance premiums, lost wages from time spent in court or jail, and even job loss if your employment requires a clean driving record. A knowledgeable criminal defense attorney can work to minimize these costs and help you understand the long-term financial implications of a conviction.

License Suspension or Revocation

Another common consequence of a DWI conviction is the suspension or revocation of your driver’s license. The length of the suspension can vary depending on factors such as your BAC at the time of the arrest, whether you refused a breathalyzer or chemical test, and whether you have any prior DWI convictions.

Losing your driving privileges can make it difficult to get to work, school, or other important obligations. In some cases, you may be eligible for a restricted license that allows you to drive to and from certain locations, such as work or school. A DWI lawyer can help you navigate the process of reinstating your license and explore options for maintaining your driving privileges.

Jail Time

In some cases, a DUI conviction can result in jail time. The length of the sentence can vary depending on factors such as the severity of the offense, whether you have any prior DWI convictions, and whether anyone was injured as a result of your actions.

Even a short jail sentence can have a profound impact on your life, affecting your employment, relationships, and overall well-being. A skilled criminal defense attorney can work to minimize the likelihood of jail time and explore alternatives such as probation or community service.

Probation

Instead of or in addition to jail time, a DUI conviction may result in a probationary period. During probation, you may be required to comply with certain conditions such as attending alcohol education classes, participating in substance abuse treatment, or performing community service.

Violating the terms of your probation can result in additional penalties, including fines and even jail time. A DWI lawyer can help you understand the requirements of your probation and work to ensure that you remain in compliance.

Ignition Interlock Devices

Another potential consequence of a DUI conviction is the requirement to install an ignition interlock device in your vehicle. This device requires you to provide a breath sample before starting your car, and if your BAC is above a certain level, the car will not start.

Ignition interlock devices can be costly to install and maintain, and they can be embarrassing or inconvenient to use. A knowledgeable DWI defense attorney can help you understand the requirements for installing an ignition interlock device and work to minimize the impact on your daily life.

Enhanced Penalties for Repeat Offenders

If you have a previous DWI conviction on your record, you may face enhanced penalties for subsequent offenses. These penalties can include longer license suspensions, higher fines, and even mandatory jail time.

Repeat DWI offenders may also be charged with a felony rather than a misdemeanor, which can have serious long-term consequences for your criminal record and future opportunities. If you’re facing a repeat DWI charge, it’s essential to work with an experienced criminal defense attorney who can build a strong defense strategy and work to minimize the impact of these enhanced penalties.

What to Expect During a DWI Case

According to the National Highway Traffic Safety Administration (NHTSA), approximately 1.5 million drivers are arrested annually for driving under the influence of alcohol or drugs.

Facing a DWI charge can be a daunting and stressful experience, especially if you are unfamiliar with the legal process. Understanding what to expect during a DWI case can help you navigate the system and make informed decisions about your defense.

Arrest and Booking

The DWI process typically begins with an arrest by a law enforcement officer who has probable cause to believe that you were driving while intoxicated. After the arrest, you will be taken to a police station or jail for booking, where you will be fingerprinted, photographed, and asked to provide personal information.

Arraignment

Within a short period after your arrest, you will be brought before a judge for an arraignment. At this hearing, the judge will inform you of the charges against you and ask how you plead. You will also be advised of your rights, including the right to an attorney and the right to remain silent.

Pretrial Proceedings

After the arraignment, your case will enter the pretrial phase. During this time, your DWI lawyer will review the evidence against you, including police reports, witness statements, and any video or audio recordings of the arrest. Your attorney may also file motions to suppress evidence that was obtained illegally or challenge the validity of the traffic stop that led to your arrest.

Plea Bargaining

In many DWI cases, the prosecution and defense will engage in plea bargaining negotiations. A plea bargain is an agreement in which the defendant agrees to plead guilty to a lesser charge or receive a reduced sentence in exchange for avoiding a trial. 

Your DWI defense lawyer can advise you on whether a plea bargain is in your best interests based on the strength of the evidence against you and the potential consequences of a conviction.

Trial

If your case goes to trial, your DWI lawyer will present your defense before a judge or jury. This may involve challenging the accuracy of field sobriety tests or breathalyzer results, presenting evidence of police misconduct, or arguing that there is reasonable doubt as to your guilt. The prosecution will also present their case, including testimony from the arresting officer and any other witnesses.

Sentencing

If you are convicted of DWI, either through a guilty plea or a trial verdict, you will face sentencing. The specific penalties you face will depend on factors such as your blood alcohol level, whether you have any prior DWI convictions, and whether anyone was injured as a result of your actions. Potential sentences may include fines, probation, community service, alcohol education or treatment programs, and even jail time.

Throughout the DWI process, it is essential to have a skilled and experienced DWI defense attorney on your side. Your lawyer can help you understand your rights and options, negotiate with prosecutors, and build a strong defense on your behalf. They can also help you navigate the complex legal system and work to minimize the consequences of a DWI charge on your life and future.

If you are facing a DWI charge, don’t hesitate to seek the help of a qualified DWI lawyer. With the right legal guidance and representation, you can protect your rights and achieve the best possible outcome for your case.

Building a Strong DWI Defense

If you’re facing DWI charges, building a strong defense is crucial to protecting your rights and minimizing the consequences of a conviction. A skilled criminal defense attorney can examine the details of your case and develop a comprehensive strategy to challenge the evidence against you.

Challenging the Traffic Stop

One key aspect of building a strong DWI defense is challenging the legitimacy of the traffic stop that led to your arrest. Police officers must have probable cause or reasonable suspicion to pull you over, such as observing a traffic violation or erratic driving behavior.

If the officer lacked sufficient justification for the stop, any evidence obtained as a result of the stop may be deemed inadmissible in court. A knowledgeable DWI defense attorney can investigate the circumstances surrounding your traffic stop and argue that your rights were violated.

Questioning the Accuracy of Sobriety Tests

Another important component of a strong DWI defense is challenging the accuracy and reliability of field sobriety tests and breathalyzer or chemical tests. Field sobriety tests, such as the walk-and-turn or one-leg stand, are subjective and can be influenced by a variety of factors, including physical limitations, medical conditions, and environmental conditions.

Similarly, breathalyzer and blood tests can be subject to errors, such as improper calibration of equipment, contamination of samples, or mishandling of evidence. A skilled DWI lawyer can challenge the validity of these tests and argue that they should not be used as evidence against you.

Challenging the Admissibility of Evidence

In addition to challenging the accuracy of sobriety tests, a strong DWI defense may also involve challenging the admissibility of other evidence, such as statements made to police officers or the results of a search of your vehicle.

If the police violated your constitutional rights, such as by failing to read you your Miranda rights or conducting an illegal search, any evidence obtained as a result may be suppressed. A knowledgeable DWI defense attorney can identify potential legal issues and work to exclude any evidence that was obtained improperly.

Examining Police Procedures

Another key aspect of building a strong DWI defense is examining the police procedures followed during your arrest. Police officers must adhere to specific protocols when conducting DWI investigations, such as properly administering field sobriety tests and following chain of custody procedures for blood or urine samples.

If the police deviated from these protocols or made mistakes during the investigation, it may be possible to challenge the validity of the evidence against you. A skilled DWI lawyer can review police reports, dash cam footage, and other evidence to identify any irregularities or inconsistencies in the investigation.

Presenting Mitigating Factors

Finally, a strong DWI defense may involve presenting mitigating factors that can help to reduce the severity of the charges against you or the potential penalties you face. Mitigating factors may include a clean criminal record, completion of alcohol education or treatment programs, or evidence of good character and community involvement.

A knowledgeable DWI defense attorney can work to highlight these mitigating factors and argue for a reduced charge or sentence. In some cases, it may be possible to negotiate a plea bargain that allows you to avoid jail time or minimize the impact of a conviction on your criminal record.

DWI Plea Bargains and Negotiations

In many DWI cases, the best course of action may be to negotiate a plea bargain with the prosecution. A plea bargain is an agreement between the defense and the prosecution in which the defendant agrees to plead guilty to a lesser charge or receive a reduced sentence in exchange for avoiding a trial.

Plea Bargain Options

There are several types of plea bargain options that may be available in a DWI case, depending on the specific facts of the case and the laws of the jurisdiction. Some common plea bargain options include:

  • Pleading guilty to a lesser offense, such as reckless driving or public intoxication, instead of DWI.
  • Agreeing to participate in an alcohol education or treatment program in exchange for a reduced sentence.
  • Accepting a deferred adjudication, in which the defendant pleads guilty but the conviction is not entered on their record if they complete certain requirements, such as probation or community service.

A skilled DWI lawyer can review the evidence in your case and advise you on the best plea bargain options available to you.

Negotiating with Prosecutors

Negotiating a plea bargain requires skill, experience, and knowledge of the local court system and prosecutors. A knowledgeable DWI defense attorney can use their expertise to negotiate the most favorable plea bargain possible on your behalf.

This may involve presenting mitigating factors, challenging the evidence against you, or highlighting weaknesses in the prosecution’s case. A good DWI lawyer will also be able to advise you on the potential risks and benefits of accepting a plea bargain versus going to trial.

Alternatives to Jail Time

One of the primary benefits of negotiating a plea bargain in a DWI case is the possibility of avoiding jail time. Alternative sentences that may be available through a plea bargain include:

  • Probation: The defendant is placed under court supervision and must comply with certain conditions, such as attending alcohol education classes or performing community service.
  • House arrest: The defendant is confined to their home for a certain period of time and may be required to wear an electronic monitoring device.
  • Ignition interlock device: The defendant must install a device in their vehicle that requires them to provide a breath sample before the car will start.

A skilled DWI defense attorney can work to negotiate an alternative sentence that allows you to avoid jail time and minimize the impact of a conviction on your life.

Choosing the Right DWI Defense Lawyer

When facing DWI charges, selecting the right criminal defense lawyer can make a significant difference in the outcome of your case. A skilled DWI attorney can help you navigate the complex legal system, protect your rights, and work to minimize the consequences of a conviction.

Experience in DWI Cases

One of the most important factors to consider when choosing a DWI defense lawyer is their experience handling DWI cases. Look for an attorney who has a proven track record of success in defending clients against drunk driving charges.

An experienced DWI lawyer will be familiar with the latest legal strategies and defense techniques and will know how to challenge evidence such as field sobriety tests and breathalyzer results. They can also help you understand the potential consequences of a conviction and advise you on the best course of action for your specific situation.

Knowledge of Local Courts and Prosecutors

Another key factor to consider when selecting a DWI defense lawyer is their knowledge of the local court system and prosecutors. Each jurisdiction has its own unique procedures, judges, and prosecutors, and an attorney who is familiar with these nuances can use this knowledge to your advantage.

A DWI lawyer who has experience working with local prosecutors may be able to negotiate a more favorable plea bargain or identify weaknesses in the prosecution’s case. They can also advise you on the potential outcomes of your case based on their knowledge of how similar cases have been handled in the past.

Client Reviews and Testimonials

When evaluating potential DWI defense lawyers, be sure to read client reviews and testimonials to get a sense of their reputation and level of client satisfaction. Look for an attorney who has a history of positive reviews and satisfied clients.

You can also ask for referrals from friends, family members, or other legal professionals who may have experience with DWI cases. A reputable DWI lawyer should be willing to provide references or put you in touch with past clients who can speak to their experience and level of service.

Availability and Communication

Finally, when choosing a DWI defense lawyer, consider their availability and communication style. You want an attorney who will be responsive to your needs and keep you informed throughout the legal process.

Look for a lawyer who is willing to take the time to answer your questions, explain your options, and provide regular updates on the status of your case. A good DWI attorney should also be available to respond to your concerns in a timely manner and be accessible when you need them most.

Life After a DWI

A DWI conviction can have long-lasting consequences that extend beyond the legal penalties. From damage to your reputation to difficulties finding employment, the impact of a drunk driving conviction can be significant. However, there are steps you can take to move forward and rebuild your life after a DWI.

Expungement and Record Sealing

One option for minimizing the long-term impact of a DWI conviction is to seek an expungement or record sealing. Expungement is the process of erasing a criminal conviction from your record, while record sealing involves blocking public access to your criminal history.

The eligibility requirements for expungement and record sealing vary by state, and not all jurisdictions allow for the expungement of DWI convictions. A knowledgeable DWI lawyer can advise you on the options available in your area and help you navigate the process of clearing your record.

Reinstating Your Driver’s License

If your driver’s license was suspended or revoked as a result of a DWI conviction, you will need to take steps to have it reinstated. The specific requirements for license reinstatement vary by state but may include completing an alcohol education or treatment program, paying fines and fees, and installing an ignition interlock device in your vehicle.

A skilled DWI defense attorney can help you understand the requirements for license reinstatement in your jurisdiction and assist you in completing the necessary steps to get back on the road legally.

Finding Employment with a DWI Record

One of the most significant challenges of life after a DWI conviction is finding employment. Many employers conduct criminal background checks as part of the hiring process, and a drunk driving conviction can be a red flag that disqualifies you from certain positions.

However, there are steps you can take to improve your chances of finding employment with a DWI on your record. These may include:

  • Being honest and upfront about your conviction with potential employers
  • Highlighting your skills, experience, and qualifications that make you a strong candidate for the position
  • Providing evidence of rehabilitation, such as completion of an alcohol education or treatment program
  • Networking with individuals in your industry who may be willing to vouch for your character and work ethic

A knowledgeable DWI lawyer can also provide guidance on how to address your conviction with potential employers and advise you on your legal rights throughout the hiring process.

Frequently Asked Questions on DWI Cases

What should I do if I’m arrested for DWI?

If you’re arrested for DWI, it’s essential to remain calm and exercise your right to remain silent. Politely decline to answer any questions about your alcohol consumption or activities prior to the arrest. Contact a criminal defense attorney as soon as possible to protect your rights and begin building your defense.

Can I refuse a breathalyzer or chemical test?

While you have the right to refuse a breathalyzer or chemical test, doing so can result in automatic license suspension and other penalties under your state’s implied consent laws. If you refuse a test, it’s crucial to speak with a DWI lawyer who can help you understand the consequences and explore your options.

How can a DWI lawyer help me?

A criminal defense lawyer can provide aggressive legal representation and work to minimize the impact of a DWI charge on your life. They can challenge the evidence against you, negotiate plea bargains, and fight to protect your driving privileges. A skilled attorney can also help you understand the potential consequences of a conviction and explore alternatives to jail time, such as alcohol education or treatment programs.

Will a DWI conviction stay on my criminal record?

In most cases, a DWI conviction will remain on your criminal record unless you are able to have it expunged or sealed. The eligibility requirements for expungement vary by state, so it’s important to consult with a DWI lawyer who can advise you on your options and help you navigate the process.

How much does it cost to hire a DUI lawyer?

The cost of hiring a DUI lawyer can vary depending on factors such as the complexity of your case, the lawyer’s experience and reputation, and the amount of time required to resolve your case. Many DWI lawyers offer free initial consultations, so you can discuss your case and get a sense of the potential costs before making a decision. Keep in mind that the long-term costs of a DWI conviction, such as increased insurance rates and lost employment opportunities, can far outweigh the upfront legal fees.

Contact a DWI Lawyer

If you’re facing a DWI charge, don’t hesitate to contact the experienced legal team at 1-800-ATTORNEY. Our skilled DWI lawyers have a proven track record of successfully defending clients against drunk driving charges and can provide you with the aggressive legal representation you need to protect your rights and minimize the consequences of a conviction.

Don’t let a DWI charge jeopardize your future. Contact 1-800-ATTORNEY (1-800-288-6763) today to schedule your free consultation with one of our experienced criminal defense attorneys and take the first step toward putting this difficult chapter behind you.

You only get one shot to argue your case, and you do not want to appear in court without legal representation. Making the choice to call 1-800-ATTORNEY can help ensure a fair and just outcome to your legal situation.

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