Driving While Intoxicated, or DWI, refers to a serious charge or crime involving motorists who are found to exceed the accepted blood concentration levels of alcohol. Whether it is your first time to face such charge or not, a DWI may significantly affect your life if not resolved quickly.
While you want to continue driving, being involved in a DWI case may delay your goal due to the possible suspension of your driver’s license. That’s why it’s important to avoid driving mistakes, like not driving when you’re drunk. However, if you’re already faced with a DWI charge in Rome, New York, you better consider hiring a lawyer to resolve the issue as soon as possible.
In this post, you’ll learn when is the best time to call a DWI lawyer.
When You Fail The Sobriety Test
Police officers use a field sobriety test to assess if a driver is driving under the influence of alcohol or any other illicit substance. Field sobriety tests come in different forms. For instance, the driver will be asked to submit to a breath test or breathalyzer test or to walk in a straight line.
For you to be charged with DWI, the prosecution should present evidence proving that your Blood Alcohol Content or BAC is 0.08 percent or higher. For commercial drivers, DWI is charged for those who have a BAC of 0.04 percent or higher.
Failing the breath test or sobriety test would warrant hiring a reliable DWI lawyer, especially if the tests were inaccurate. Never attempt to represent yourself if you’re planning to prove your innocence. Seeking legal counsel will help you avoid incriminating yourself.
Here are the consequences of failing a breath test or sobriety test:
- You’ll be arrested because the police has probable cause to issue a DWI.
- If you’re charged with a DWI, the arresting officer will be called to testify against you before the court.
- If found guilty, you may face jail time, so never take a sobriety test result lightly. For instance, a second Aggravated Driving While Intoxicated offense has a maximum jail term of four years, and seven years for the third offense.
When You’re Facing Other Charges
You’ll face an added sentence if there are other factors or “aggravating circumstances” involved, such as an endangerment of a child, property damages, repeat offense, or serious injuries. That’s why you need to hire a lawyer to best tackle your case.
Here’s how a DWI lawyer can help you face your other charges:
- A DWI lawyer can help mitigate aggravating factors and sentence enhancements that carry mandatory penalties, especially if you’re a repeat offender.
- A DWI attorney will prepare you for a court trial by helping you understand the legal process and the things that will be expected from you.
- A DWI lawyer can help you complete requirements before your court appearances, such as filing the proper car insurance forms with the US Department of Motor Vehicles or DMV.
- You’ll get help in regaining your driving privileges through required alcohol education and treatment programs.
When You’re Guilty Of The Charge
Your BAC level result determines whether you’re guilty or not, and a BAC result of 0.08 percent or higher would automatically charge you with a DWI. It means that you can’t get away with conviction and payment of all the fees, fines, and extra expenses involved in a DWI conviction.
If evidence has been established against you, it’s crucial to hire a legal representative who will assess any loopholes in the process to reduce your charges or completely dismiss the case.
Here are some possible loopholes that a DWI lawyer will check to help resolve a case:
- A police officer who has a history of pulling over vehicles, and indiscriminately accusing people of DWI
- A prescription drug you took that might have affected the sobriety test results
- Incorrectly administered breath tests or sobriety tests
When You’re Incapable Of Fighting For Your Rights
Suffering from serious injuries or lack of knowledge about DWI law should prompt you to call a lawyer right away. In that way, you won’t be risking your freedom and your normal life just because you don’t know how the due process works.
Conclusion
As much as possible, you have to call a lawyer if you’ve been arrested for any criminal offense. The mere fact that the police officers hold custody of you would mean legal implications. This situation would require professional legal help. Never rely on your own legal knowledge, especially if it’s your first time facing a DWI case. Otherwise, you might end up saying words or taking actions that could be used by the prosecution against you.
