DWI FAQ
I was arrested for DWI. What happens next?
At this point it is understandable if you are overwhelmed and bewildered by the situation. First and foremost, please remember that you have only FIFTEEN DAYS
from the date of arrest to request a hearing on the potential suspension of your driver's license. If you do not request a hearing your license will be automatically suspended.
In a typical case, the police agency that arrested you will send a packet to the District Attorney's Office. The District Attorney's office files the formal charge against you. Once the District Attorney's Office files the case, it will be randomly assigned to one of the courts and you will receive notice to appear. Generally, there is a four to six week time lapse between the time of your arrest and your fist court appearance.
How long will it take to resolve the charge against me?
The length of time it takes to resolve a DWI charge will vary. It depends upon the facts of the case, as well as your goals for the case. If your attorney files pre trial motions that are heard and then sets the case for trial, it can take up to a year. On the other hand, it may take only weeks from the time the case is filed to resolve it if that is your goal.
I failed or refused to submit to a breath or blood test. Is my driver's license automatically suspended?
No. If you request hearing through the Administrative License Revocation (ALR) process within fifteen days of your arrest, your license will remain valid until such time as a hearing takes place. Recently it has taken approximately four months or more to schedule a hearing. Your license will be valid at least until the hearing. I will personally handle all aspects of the ALR process on your behalf.
At the hearing the State must prove certain facts. If they fail to do so, your license will not be suspended. To learn more, please visit the ALR- Save Your License to Drive section of this website.
What happens if my license is suspended?
If your license is suspended you will likely be able to petition the court for an Occupational Driver's License (ODL). An ODL is a restricted driver's license that will allow you to drive up to twelve hours a day, six days a week. For more information please see the Occupational License section of this webiste.
Why do I need an attorney who focuses his practice on DWI defense?
Defending DWI cases properly requires intricate knowledge of the applicable law; the science involved in breath, and the procedure used by the police to obtain and evaluate evidence in a DWI case. Most attorneys, even those who practice criminal law, do not focus on DWI defense. An experienced DWI attorney may see defenses that may be overlooked by some other attorney.
In selecting a DWI attorney, just a few questions to consider are:
Has the attorney completed the Standardized Field Sobriety Testing practitioner course?
Does the attorney own a copy of DWI Detection and Standardized Field Sobriety Testing Student Manual? If so, for which years?
Does the attorney own a copy of the DWI Detection and Standardized Field Sobriety Testing Instructor Manual?
Can the attorney explain in clear terms the basic operation of the breath testing device known as the Intoxilyzer 5000?
Does the attorney have experience and success trying DWI cases?
Does the attorney remain current on DWI focused continuing legal education?
What specific strategy does the attorney plan to advance in your ALR hearing?
Does the attorney own a copy of the Administrative License Revocation Manual?
I refused to submit to the Standardized Field Sobriety Tests, am I in trouble?
No. You have a lawful right to refuse to submit to any field sobriety test, including the One Leg Stand, the Walk and Turn, the Horizontal Gaze Nystagmus test, and the Preliminary Breath Test.
You may also refuse to submit to the Breath Test, however your refusal may trigger certain consequences for your driver's license. Please view my Suspension and Waiting Periods chart for more information.
I am guilty, do I still need a lawyer?
The short answer is yes. Even a first offense DWI carries a potential punishment range of up to one hundred eighty days in the County Jail and up to a $2,000 fine. Even if you are sure that you are factually "guilty" you should still seriously consider an experienced DWI attorney who knows the law, the science, and the ins and outs of the court system.
First and foremost, as an experienced DWI attorney, I will always force the State's Attorney's to turn over ALL of the evidence to me. The evidence should include, at a minimum, all of the police generated documents, the DVD or video of both the roadside and Intoxilyzer room, and witness statements, the Intoxilyzer breath testing slip, and a lab report in blood test cases.
Only when all of the evidence is available can you make intelligent decision about how to proceed. Even if you feel that you were intoxicated, and experienced DWI attorney should be looking at issues such as:
How do you look on video?
Was the breath or blood evidence obtained lawfully?
Was the breath or blood evidence obtained in such a way that its analytical reliability or validity may be compromised?
Was the stop of your car by police lawful?
Did the police officer administer the Standardized Field Sobriety Tests correctly?
Does the police report contain internal contradictions, or is it contradicted by the video?
Will the State be able to locate and secure the attendance of the witnesses at trial?
Etc....
So, even if you think you are guilty, do yourself a favor and hire an experienced DWI attorney who can analyze your case for weaknesses that may benefit you.
At this point it is understandable if you are overwhelmed and bewildered by the situation. First and foremost, please remember that you have only FIFTEEN DAYS
from the date of arrest to request a hearing on the potential suspension of your driver's license. If you do not request a hearing your license will be automatically suspended.
In a typical case, the police agency that arrested you will send a packet to the District Attorney's Office. The District Attorney's office files the formal charge against you. Once the District Attorney's Office files the case, it will be randomly assigned to one of the courts and you will receive notice to appear. Generally, there is a four to six week time lapse between the time of your arrest and your fist court appearance.
How long will it take to resolve the charge against me?
The length of time it takes to resolve a DWI charge will vary. It depends upon the facts of the case, as well as your goals for the case. If your attorney files pre trial motions that are heard and then sets the case for trial, it can take up to a year. On the other hand, it may take only weeks from the time the case is filed to resolve it if that is your goal.
I failed or refused to submit to a breath or blood test. Is my driver's license automatically suspended?
No. If you request hearing through the Administrative License Revocation (ALR) process within fifteen days of your arrest, your license will remain valid until such time as a hearing takes place. Recently it has taken approximately four months or more to schedule a hearing. Your license will be valid at least until the hearing. I will personally handle all aspects of the ALR process on your behalf.
At the hearing the State must prove certain facts. If they fail to do so, your license will not be suspended. To learn more, please visit the ALR- Save Your License to Drive section of this website.
What happens if my license is suspended?
If your license is suspended you will likely be able to petition the court for an Occupational Driver's License (ODL). An ODL is a restricted driver's license that will allow you to drive up to twelve hours a day, six days a week. For more information please see the Occupational License section of this webiste.
Why do I need an attorney who focuses his practice on DWI defense?
Defending DWI cases properly requires intricate knowledge of the applicable law; the science involved in breath, and the procedure used by the police to obtain and evaluate evidence in a DWI case. Most attorneys, even those who practice criminal law, do not focus on DWI defense. An experienced DWI attorney may see defenses that may be overlooked by some other attorney.
In selecting a DWI attorney, just a few questions to consider are:
Has the attorney completed the Standardized Field Sobriety Testing practitioner course?
Does the attorney own a copy of DWI Detection and Standardized Field Sobriety Testing Student Manual? If so, for which years?
Does the attorney own a copy of the DWI Detection and Standardized Field Sobriety Testing Instructor Manual?
Can the attorney explain in clear terms the basic operation of the breath testing device known as the Intoxilyzer 5000?
Does the attorney have experience and success trying DWI cases?
Does the attorney remain current on DWI focused continuing legal education?
What specific strategy does the attorney plan to advance in your ALR hearing?
Does the attorney own a copy of the Administrative License Revocation Manual?
I refused to submit to the Standardized Field Sobriety Tests, am I in trouble?
No. You have a lawful right to refuse to submit to any field sobriety test, including the One Leg Stand, the Walk and Turn, the Horizontal Gaze Nystagmus test, and the Preliminary Breath Test.
You may also refuse to submit to the Breath Test, however your refusal may trigger certain consequences for your driver's license. Please view my Suspension and Waiting Periods chart for more information.
I am guilty, do I still need a lawyer?
The short answer is yes. Even a first offense DWI carries a potential punishment range of up to one hundred eighty days in the County Jail and up to a $2,000 fine. Even if you are sure that you are factually "guilty" you should still seriously consider an experienced DWI attorney who knows the law, the science, and the ins and outs of the court system.
First and foremost, as an experienced DWI attorney, I will always force the State's Attorney's to turn over ALL of the evidence to me. The evidence should include, at a minimum, all of the police generated documents, the DVD or video of both the roadside and Intoxilyzer room, and witness statements, the Intoxilyzer breath testing slip, and a lab report in blood test cases.
Only when all of the evidence is available can you make intelligent decision about how to proceed. Even if you feel that you were intoxicated, and experienced DWI attorney should be looking at issues such as:
How do you look on video?
Was the breath or blood evidence obtained lawfully?
Was the breath or blood evidence obtained in such a way that its analytical reliability or validity may be compromised?
Was the stop of your car by police lawful?
Did the police officer administer the Standardized Field Sobriety Tests correctly?
Does the police report contain internal contradictions, or is it contradicted by the video?
Will the State be able to locate and secure the attendance of the witnesses at trial?
Etc....
So, even if you think you are guilty, do yourself a favor and hire an experienced DWI attorney who can analyze your case for weaknesses that may benefit you.