Don't assume that a DWI case is hopeless. Despite any evidence against you, there are many factors that can work in your favor. Poor police investigations, faulty breathalyzers, blood tests, medical conditions, or even improper police procedures can all lead to false readings:
- Faulty Breathalyzer Tests: Breathalyzer machines can produce false readings due to various factors, including equipment malfunction, environmental conditions, and user error.
- Inaccurate Blood Tests: Blood tests are prone to contamination and errors, which can result in false high readings. Re-testing blood samples at independent laboratories can sometimes produce different results.
- Improper Police Procedures: Police officers are supposed to follow a standardized set of procedures in DWI investigations. However, many officers do not follow these protocols, leading to improper evidence collection and inaccurate readings.
A skilled DWI defense lawyer will take advantage of these weaknesses in the evidence to win your case. Instead of simply pleading guilty, fighting your DWI charges is often a better option.
Did you know that there are over 100 substances, medical conditions, and equipment issues that can cause breathalyzer readings to be inaccurately high? Blood tests are also prone to error and can produce different results when re-tested at independent labs. And, despite standard procedures for DWI investigations, police officers often fall short in following these protocols.
Werlinger Law Group can help you beat your DWI charge by utilizing their expertise and experience to help defend you against these charges. Contact us today to learn more.
DWI Punishments
First-time DWI
If you are an adult arrested for a first-time DWI offense, you will be charged with a Class B misdemeanor. This offense requires a minimum of 72 hours or three days of jail time, and an additional 6 days if an open alcohol container was present in the vehicle.
The maximum jail time for a first-time DWI is 180 days or 6 months. Your driver's license will be suspended for a period ranging from 90 days to one year for this offense. Even if you are not convicted, a positive blood, breath or urine sample for high BAC will result in the suspension of your driver's license.
You can challenge the driver's license suspension, but the request must be made within 15 days of notification. Fines ranging up to $2,000 will be imposed, and you may also need to pay between $1,000 and $2,000 per year for the next 3 years to keep your driver's license.
Additionally, you may be put on probation for a period of time and may have to participate in special alcohol abuse education programs. Failure to complete these programs may lead to losing your driver's license.
If your blood alcohol concentration (BAC) is .15 or higher, you could be charged with a Class A misdemeanor, which is a more serious offense. This type of charge carries a punishment of up to one year in jail and a fine of up to $4,000.
Second DWI
A second DWI offense is classified as a Class A misdemeanor, which carries a heavier penalty than a first offense. The fine for a Class A misdemeanor is $4,000, double the $2,000 fine for a Class B misdemeanor. Furthermore, the maximum jail time for a second DWI offense is doubled to one year.
After a second DWI conviction, your driver's license will be suspended for 18 months. To regain your license, you will have to pay a fee of $100 after the suspension period.
Third DWI or Intoxication Assault
A third DWI offense is classified as a third-degree felony, which is a more severe criminal charge. It carries a punishment of at least 2 years and up to 10 years in prison, along with a fine of up to $10,000.
Intoxication assault, which occurs when a person causes serious bodily injury to another person while driving under the influence, is also considered a third-degree felony. The penalties for intoxication assault are the same as those for a third DWI offense.
DWI with a Child Passenger
If you are caught driving while intoxicated with a child passenger who is under 15 years old, the penalties are more severe. This offense is considered a state jail felony, even if you have no prior DWI convictions. The punishment includes a fine of up to $10,000 and jail time ranging from 180 days to 2 years. Moreover, your driver's license will be suspended for 180 days.
Intoxication Manslaughter
Intoxication manslaughter is an even more serious offense, which occurs when someone unintentionally kills another person while driving under the influence. It is a second-degree felony that carries a fine of up to $10,000 and a prison sentence of at least 2 years and up to 20 years. Additionally, hundreds of hours of community service may also be required as part of the punishment.