In , DWI charges are treated very seriously. The penalties alone can be extreme, and a conviction can have a significant impact on your life. The Law Office of Mark A. Bernstein will represent you and fight for your rights.
Someone is considered guilty of Driving While Intoxicated (DWI) if they are intoxicated while operating an auto. There are many potential punishments of a DWI conviction, including driver’s license suspension, fines, and jail time. Should you be convicted, additionally, you will face a required DMV insurance surcharge of $3,000 or more. The severity of the punishment will depend upon whether it’s your first DWI offense. If your license is suspended, you can’t obtain a work or hardship permit.
The police officer may require you to take a field sobriety test or a breathalyzer test if you’re stopped while driving for suspicion of drunk driving. If you’ve a blood alcohol content of you’re discovered to be intoxicated under law, 0.08% or more.
Unfortunately, many individuals charged with a DWI do not understand their rights or realize they can fight their charge. The first step is hiring a lawyer that is experienced with training in field sobriety and breathalyzer tests. There are many ways your case may be won, including the following strategies.
The U.S. Supreme Court has ruled that for authorities to stop you, the cops must have a reasonable suspicion that you’ve broken or are breaking the law. The authorities didn’t have valid cause to prevent you and if you haven’t broken any laws, the charges should be dismissed. As your solicitor will have to file a Motion to Suppress Evidence, this is not going to be done automatically.
The officer’s observations during the investigation play a major role in your case, as it is these observations that will lead the officer to suspect you were under the influence. Challenging the officer’s suspicions and observations may help get your case dismissed. For example, slurred speech may indicate intoxication or simply a speech impediment. Bloodshot eyes or a flushed face are not reliable indicators that someone is intoxicated, as they may be caused by stress or hard work.
In virtually every case, someone suspected of drunk driving will be requested to perform a field sobriety test, for example an one-legged stand or an eye test. It’s very vital that you comprehend that these evaluations graded using quite precise standards and then must be done in a very specific mode. Many police officers usually do not receive appropriate field sobriety training or they wrong perform and rate the tests they perform.
As results are not always trustworthy, blood, urine, or breath tests should be challenged. The machinery must be shown to be in working order, as a machine that’s not calibrated correctly will result in inaccurate results. If procedures in the treatment of the sample were not followed correctly, your results may be thrown out.