Skip to Main Content
Group
car key next to a alcoholic beverage
Theft and property crimes |
Sex crimes |
Domestic violence |
Violent crimes |
Drug crimes |
DWI/DUI defense |
Theft and property crimes |
Sex crimes |
Domestic violence |
Violent crimes |
Logo

DUI / DWI

We see this happen every day on highways: A police officer initiates what starts out as a routine traffic stop of a driver. During the stop, the officer finds there is evidence of drunk driving. Perhaps the officer smells alcohol on the driver’s breath. Or maybe the driver simply blurts out they had just come from a bar. Whatever the specifics, the outcome is always the same: The driver is now facing DWI charges.

For many residents, a DUI arrest is their first–and hopefully only–interaction with the criminal justice system. But even though a first-time DUI may not seem like a major problem, it is still a serious charge that can lead to jail time. For that reason alone, it is imperative to work with an experienced DUI lawyer who can zealously represent your interests.

Can I Refuse a Sobriety Test?

Under many state laws, anyone operating a motor vehicle with a blood-alcohol concentration (BAC) of 0.08 percent or greater is guilty of driving under the influence (DUI). When a person is arrested on suspicion of DUI, they are usually asked to submit to a chemical test, such as a Breathalyzer, to establish their precise BAC. Since a chemical test is considered a “search,” the police must obtain your consent unless they have a warrant.

So what happens if you refuse to take the test? For one thing, you can still be charged with DWI. A sobriety test is just one method that prosecutors may use to prove your guilt at trial. More to the point, your refusal will lead to additional penalties, including time in county jail and a suspension/revocation of your driver’s license.

What Are the Penalties for a DWI Conviction?

Setting aside any enhanced penalties for refusing a chemical test, sentencing rules are generally broken down by the number of prior DUI convictions an individual has. For example, for a first offense, the defendant may face jail time and a substantial fine, as well as a driver’s license suspension/revocation. Additional DWI convictions will lead to much longer jail sentences and greater fines, and the individual will lose their license for a longer period of time.

Many DUI offenses are classified as misdemeanors. But it is also possible to face felony DUI charges. Some of the more common examples of felony DWI include cases where the defendant already has 1 or more misdemeanor DWI convictions within the preceding 10 years, or a drunk driving accident that seriously injures or kills another person. It is also a felony to be arrested for a DWI if there is any child in the vehicle at the time of the incident under the age of 16. It is important to contact a lawyer immediately to learn about the charges you face as well as the potential consequences.

A Criminal Defense Lawyer Can Help

Some people think they can talk their way out of a drunk driving charge. It does not work that way, especially when the prosecution has hard evidence from a chemical test. But by working with an experienced DUI lawyer, you may be able to negotiate a plea bargain with the prosecution, especially if it is a first offense and there are no aggravating factors.