What Is DUI / DWI Law?

Did you know nearly one-third (32%) of car crash fatalities in the USA involve drunk drivers? These staggering statistics highlight the devastating impact of alcohol-related crashes and often leave families shattered. 

It is where DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) laws come into play and penalize offenders who drive under the influence of alcohol or drugs.

In this blog, we'll explore everything about the DUI/DWI law and how a DWI lawyer can provide valuable assistance if you find yourself facing such charges.

Overview: What is DUI/DWI?

DUI or driving under the influence law prohibits individuals from driving with a blood alcohol concentration limit of typically 0.08% or higher in some states.  

On the other hand, DWI, or driving while intoxicated, is a charge when drugs and alcohol are both involved. Among both DUI and DWI, a DWI is a more serious charge on an individual as it implies higher impairment and leads to stricter penalties. 

The penalties can vary from cities to cities for an individual. The penalty for DUI/DWI cases in cities with strict regulations might be jail time or fines If you exceed the legal BAC limit. Conversely, in some jurisdictions, individuals might be required to complete rehabilitation courses for the same offense.

Penalties and Long-Term Impacts of a DUI/DWI Charge

DUI/DWI charges have long-term consequences and penalties on an individual. The severity of penalties often depends on state laws. Few includes:

Jail Time

The amount of time you'll spend in jail or prison for a DUI/DWI conviction depends on the prior convictions like:

• Depending on the state laws, the possible jail time for the first offense ranges from no jail up to one year.
• The jail time for subsequent offenses has increased penalties and a mandatory sentence.

Fines

DUI fines range from $500 to $2000 for a first offense and increases with subsequent offenses.

License Suspension

Drivers refusing a breath test often face suspension of their licenses. 

Alternative Sentences

Some states allow offenders to participate in substance abuse programs or community service as an alternative to jail time.

Ignition Interlock Device

The authorities attach ignition interlock devices to the car to prevent it from starting until the driver's blood alcohol concentration (BAC) is above the legal limit.

Defenses Against DUI/DWI Charges: Common Strategies to Challenge Your Case

DUI/DWI allegations can be stressful and give you a life-changing experience. Thus, defense strategies are required to challenge your case effectively.

Challenging the Traffic Stop

If law enforcement doesn’t have probable cause to stop you, evidence gathered during the stop is inadmissible in court. For example, an officer claiming erratic driving as the reason to stop you but doesn’t have dashcam footage to support the claim, your DWI attorney can argue that the stop was unlawful. 

Questioning Sobriety Tests

Sobriety tests are affected by factors such as the driver's physical and environmental conditions. A DWI lawyer can challenge common tests like one-leg stand or walk-and-turn, which were not conducted according to standardized procedures like uneven pavement.

Breathalyzer Accuracy

Defense attorneys can challenge breathalyzer results by demonstrating that the device was not properly calibrated or maintained and led to incorrect measurements of blood alcohol content (BAC). Highlighting these inaccuracies in readings can serve as a solid defense for an individual charged with DUI or DWI.

Medical Conditions Affecting Chemical Testing

Diabetes and certain other medical conditions mimic signs of intoxication. In such cases, the attorneys can present a medical prescription to explain their apparent impairment occured due to a medical issue rather than alcohol or drug use.

Lack of Intent

If a driver is asleep in their car and faces DUI/DWI charges, it can show a lack of intent to drive. This can be an effective defense that will weaken the prosecution's case.

Witness Testimony

You must provide evidence through statements from friends, family, or bystanders who observed the defendant’s behavior before the arrest. It will act as evidence strengthening the defense that the defendant appeared unimpaired or was not driving erratically.

Challenging Police Procedure

Examine if the police followed the proper protocols during the arrest or failed to adhere to standard operating procedures.  If the police don't inform the driver about the rights, it could provide grounds to challenge the legitimacy of the charges.

Role of a DWI Attorney: How Legal Representation Can Help You?

Driving Under the Influence or Driving While Intoxicated charges significantly impact your life and often result in hefty fines, license suspension, and even jail time. To navigate the complexities of such charges, legal experts protect your rights and ensure that you bring the best possible outcomes for your case.

Expert Legal Guidance

The legal team understands the charges you are facing, outlines the potential penalties, and explains the gravity of the situation. The attorney also protects your rights and helps you set realistic expectations for what lies ahead in your case. It helps you make informed decisions regarding your case.

Investigation and Evidence Review

The legal team thoroughly investigates and reviews police reports and other evidence to assess the situations that lead to arrest. The attorney also reviews the sobriety tests to check for errors that could be used to challenge the case against you.

Negotiating Plea Deals

The attorney negotiates with the prosecution for a plea deal if all the evidence is against you. They may also advocate for alternative sentencing options to reduce charges and mitigate harsher penalties, such as license suspension. The attorneys ensures securing the best outcome for your situation. 

Representing You in Court

The legal expert represents your case in court by presenting evidence and making persuasive arguments to defend your case. The legal expert's in-depth knowledge of the DUI/DWI laws helps them advocate your rights and provide the best possible outcome for your situation.

Protecting Your Rights

A DWI lawyer addresses the violations of your rights during the arrest or legal proceedings. The experts raise the issues in the court to advocate for your rights for a fair trial.

Long-Term Impact Consideration

A DUI/DWI conviction can have a criminal record on you, leading to employment challenges and increased insurance rates. The legal team understands all these implications and seeks alternatives to minimize these long-term consequences for you.

How Much Do DUI/DWI Lawyers Charge For a Case?

Many factors are responsible for assessing the overall cost for the case. These include:

• Location: The lawyers in densely populated cities like Los Angeles, Orlando, Dallas, Denver charge higher rates than the less populated cities.
• Lawyers Expertise: DUI attorneys with extensive experience and strong reputations typically have higher success rates. Hiring such attorneys often have higher fees.
• Complexity of the Case: The cases that involve hit and run, and wrongful death  usually cost more than the simpler cases. It is because these severe cases demand thorough investigation for preparing a strong defense.

On average, a DUI/DWI attorney charges between $150 - $500 on hourly basis and flat rates ranging from $1,000 to $15,000. However, if it's a first offense, the costs are typically lower because the case usually ends at the Plea Agreement. Beyond lawyers fees, you have to pay DMV fees, court fines, bail, lost wages and more which adds up to the final bill.

Hire the Best Criminal Defense Attorney Today!

Are you facing DUI/DWI charges? Consulting a reliable lawyer on your side can make it easier for you to navigate the legal complexities associated with the crime. The criminal defense attorney utilizes the best defense approach to handle DUI/DWI-related matters. The valuable legal advice ensures you have the most favorable outcomes for your case.

Visit LawyersRating.fyi and get in touch with the top-rated DWI lawyer and get the best guidance on staying out of jail and court if you are not guilty.

FAQs

What is the Difference Between a DUI and a DWI?

DUI stands for driving under the influence. On the other hand, DWI focuses on drug-related impairment. It is usually charged based on field sobriety tests or erratic driving.

Can a Driver be Charged with DUI/DWI Defense law?

Yes, a driver can be charged with DUI/DWI based on breathalyzer tests, field sobriety tests, erratic driving, and other blood tests.

What will Happen If You Are Convicted of a DUI or DWI?

You will face a lot of penalties, including significant fines, driving license suspension, jail time, and increased insurance premiums if you are convicted of a DUI or DWI.

Does DUI and DWI Impact Insurance Rates?

Yes, DUI and DWI impact insurance rates. It raises premiums for drivers convicted of DUI and DWI. In most cases, though, it may also refuse to renew policies.

Will a DUI cause you to lose your driver's license?

Yes, a DUI can lead to a driving license suspension or permanent revocation for a DUI arrest, conviction, or refusal to submit to blood alcohol testing.