| 1. I've Been Arrested for DUI or DWI. Should I | | | | alcohol concentration of .08 or more or tests |
| Plead Guilty and Get it Over With? | | | | revealed the presence of an illegal drug. A person |
| A DWI or DUI arrest is serious business. So | | | | who refuses a test to determine the presence of |
| whatever you do, do not plead guilty until you | | | | illegal drugs or to determine their alcohol |
| have reviewed your case with an attorney who | | | | concentration may be convicted of a DWI Refusal |
| specializes in DWI and DUI defense. From the | | | | if the arresting officer had sufficient reason to |
| moment you're arrested, your DWI or DUI arrest | | | | request the test. |
| has many time-sensitive consequences that you | | | | 5. "Alcohol concentration" is defined by the statute |
| must face immediately. If you're convicted, you | | | | as:a. the number of grams of alcohol per 100 |
| could face substantial jail time, lose your driver's | | | | milliliters of blood;b. the number of grams of |
| license and license plates and possibly even forfeit | | | | alcohol per 210 liters of breath; or,c. the number |
| your vehicle. Plus, your insurance company will | | | | of grams of alcohol per 67 milliliters of urine. |
| jack your rates sky high. | | | | Practically speaking, if you've been drinking, unless |
| Make certain that the attorney you retain is not | | | | you are a physicist, an engineer, or a chemist, and |
| only a highly experienced criminal defense | | | | have a calculator, you will be unable to determine |
| attorney, but one who also has handled hundreds | | | | if you have an alcohol concentration of .08 or |
| of DWI and DUI cases. An attorney who | | | | more. Further, it is of interest to note that the |
| specializes in DWI and DUI defense will best help | | | | amount of alcohol in each of the above statutorily |
| you get the best possible outcome. Before | | | | defined concentrations is not equal, and can |
| retaining an attorney, do not: | | | | therefore result in a person being innocent |
| Talk to any police investigators or insurance | | | | according to one concentration but guilty |
| investigators who may question you. | | | | according to another. Moreover, under the two |
| Discuss the facts of your case to others, including | | | | statutory definitions of intoxication, it is also |
| friends and family. Anything you say to may be | | | | possible for a person to be innocent of being |
| used against you later and you risk making that | | | | intoxicated because there is no loss of either |
| friend or family member a witness against you. | | | | normal mental or physical faculties but still be |
| 2. I Have to Go to Court for DWI/DUI. Should I | | | | guilty of being intoxicated via .08. |
| Hire an Attorney First? | | | | 6. What are the penalties for DWI? |
| Yes, make every attempt to retain an attorney | | | | There are four "degrees" of DWI, each with their |
| who specializes in DWI and DUI defense before | | | | own maximum penalty. |
| going to court. If for some reason you must go | | | | Fourth Degree DWI is a misdemeanor offense |
| to court without first hiring an attorney who | | | | punishable by up to 90 days in jail and a $1,000 |
| specializes in DWI and DUI defense, ask the judge | | | | fine. A person may be placed on probation for up |
| for a continuance so that you can hire one. Do | | | | to two (2) years if convicted of this offense. A |
| not waive any hearings or consolidate any | | | | Fourth Degree DWI would be applicable where a |
| hearings. Ask the judge to continue the hearing | | | | person tests at between .08 and .19 and that |
| you are having. Most judges will grant you a | | | | person had not had a previous alcohol-related |
| continuance to hire an attorney, but this might be | | | | driving offense in the preceding ten (10) years. |
| your only continuance, so hire your attorney | | | | Third Degree DWI is a gross misdemeanor |
| ASAP. | | | | offense punishable by up to one (1) year in jail |
| If you go to court without a lawyer, do not: | | | | and a $3,000 fine. A person may be convicted of |
| Make any statements about what did or did not | | | | this charge if they had: 1) refused the test, 2) |
| happen during your case. Everything you say in | | | | tested with a blood alcohol concentration of .20 or |
| court may be used against you later. | | | | more, 3) had a passenger under the age of 17 in |
| Speak to the prosecutor in an attempt to | | | | the vehicle, or 4) have one prior DWI offense or |
| negotiate the case yourself. The prosecutor is | | | | alcohol-related revocation of their license in the |
| working against you and is not going to help you. | | | | preceding ten (10) years and test over .08 and |
| While no attorney can ever guarantee a particular | | | | less than .20. |
| result, they can mount legal defenses and | | | | Second Degree DWI is similar to Third Degree |
| constitutional challenges you simply would never | | | | DWI except that it also calls for the forfeiture of |
| think of or know how to apply. | | | | the vehicle involved. A person may be convicted |
| Apply for a public defender if you cannot afford | | | | of this charge if they have any combination of |
| to hire an attorney who specializes in DWI or DUI | | | | two of the factors listed above for Third Degree |
| defense. | | | | DWI. |
| 3. How Much Will a DWI or DUI Defense Cost? | | | | First Degree DWI is the most serious DWI |
| There are many factors that go into determining | | | | offense. It is a felony offense punishable by up to |
| a fair fee for each individual case. | | | | seven years in prison and a $14,000 fine. A |
| 4. What is the difference between DWI or DUI? | | | | person sent to prison for First Degree DWI is also |
| DWI is a criminal offense which is also referred to | | | | subject to a five-year conditional release (parole) |
| as Driving under the Influence (DUI) or drunk | | | | period after they serve their sentence. In order |
| driving. The term "drunk driving" is very misleading | | | | to be convicted on First Degree DWI, a person |
| as one need not be either drunk or driving to be | | | | must have three prior DWI offenses, or |
| convicted. DWI stands for Driving While Impaired. | | | | alcohol-related revocations of their license, in the |
| Generally speaking, in order to be convicted of a | | | | preceding ten (10) years. |
| DWI, a prosecutor must prove that the person | | | | The information you obtain from this article is not, |
| was either driving, operating or in physical control | | | | nor is it intended to be, legal advice. You should |
| of an automobile at a time when that person was | | | | consult an attorney for individual advice regarding |
| either impaired by the use of alcohol and/or | | | | your own situation. |
| drugs, or at a time when that person had a blood | | | | |