Got a DWI? You’re Not Alone
If you’ve been to other websites for advice on how to handle a DWI, including getting your license back, avoiding vehicle forfeiture and how to navigate the court system, you probably got information that was really helpful…five years ago. DWI law is the most fluid (changing) law in the US of A. I’ve reviewed many other attorneys’ websites (hoping to steal their content) and 90% of the time, the information and advice is outdated. If the website hasn’t been updated in a year and has actual legal advice? Forget it. You might as well ask your know-it-all brother in law for advice. It changes that fast.
Basic DWI
The simple version is this: Your basic DWI is usually charged in two ways, the first charge generally alleges that the driver was “under the influence” (drunk) and the second alleges that the driver had an alcohol concentration of .08 or more. Get the difference? The first is a good old fashioned drunk driving charge where the state has to prove intoxication. The second has NOTHING to do with sobriety. If the driver’s alcohol concentration, based on a blood, breath or urine test is a .08 or more? Guilty. It doesn’t matter if that driver can walk a tight rope or spin a basketball on their big toe, it’s solely about the alcohol concentration. Both of these are basic DWI’s and one isn’t better or worse than the other.
Hiring an Attorney
Your basic DWI is a misdemeanor, with an unpleasant but manageable license revocation and an unpleasant but tolerable trip to court. How do things become worse? One of three ways: 1) Have an alcohol concentration of .16 or more 2) Have a prior DWI within the last ten years or 3) Have a kid in the car. How much worse depends on too many things to write here. The bottom line is, it’s complicated. If you go to court without an attorney on a misdemeanor DWI, you’re a little foolish. If you go to court without an attorney on a gross misdemeanor, well, then you’re just asking for trouble. And if you’re on the Internet getting information off of websites, even attorneys’ websites? The reality you experience isn’t going to be the one you expect.