Whether your license is suspended immediately following a Driving While Intoxicated (DWI) conviction depends on the state where the offense occurs. In many states, an arrest for DWI leads to an automatic administrative license suspension, even before a court hearing. This suspension can happen within days of the arrest and lasts for a set period, typically ranging from a few months to a year. You can contest the suspension through a hearing, but it’s important to act quickly, as deadlines for appeals are often strict.
If you are currently facing a DWI charge, it’s essential that you hire an experienced Fort Worth DWI Lawyer for your case. Your lawyer can obtain a license reinstatement and can represent you during all legal proceedings throughout your DWI case.
What Is a DWI and What Does a Prosecutor Need to Prove to Convict You?
A DWI charge occurs when someone is accused of operating a motor vehicle while under the influence of alcohol or drugs. The specific name for the charge may vary depending on the state, as some states call it DUI (Driving Under the Influence) or OUI (Operating Under the Influence). Regardless of the term used, the charge involves the same core idea: a person is believed to be impaired to the point that they cannot safely operate a vehicle.
For a prosecutor to convict someone of a DWI charge, they must prove certain elements beyond a reasonable doubt. First, the prosecutor must establish that the accused (defendant) was driving or in control of a vehicle, which is often straightforward if the person was pulled over while driving. In cases where someone is found in a parked car or near a vehicle, establishing that the accused was driving can be more complicated.
Next, the prosecutor must prove that the defendant was intoxicated while driving, which they can show through several means. One of the most common is through a blood alcohol concentration (BAC) test. In most states, a BAC of 0.08 percent or higher is considered legal intoxication. A prosecutor may use the results of a breathalyzer test, blood test, or urine test to show that the defendant’s BAC was over the legal limit.
In cases where the defendant’s BAC is under 0.08 percent but they are still suspected of being impaired, the prosecutor must rely on other evidence, including police officer observations, such as slurred speech, bloodshot eyes, or difficulty performing field sobriety tests. Video footage from the officer’s dashboard or body camera may also be used to show erratic driving or behavior.
Finally, the prosecutor must demonstrate that the defendant’s intoxication made it unsafe for them to drive. The prosecution will use any available evidence, including test results, witness testimony, or the officer’s observations, to prove that the defendant was impaired to the point that they were a danger to others on the road.
If the prosecutor can prove these elements beyond a reasonable doubt, the defendant may be convicted of a DWI, facing penalties like fines, license suspension, or jail time, depending on the severity of the offense.
What Happens If Your License Is Suspended After Your DWI?
If your driver’s license is suspended following a DWI, you are legally prohibited from driving for a set period. The length of the suspension can vary depending on factors such as your BAC at the time of the arrest, whether it is your first offense and the specific laws of your state. In many cases, a suspension can last anywhere from several months to over a year. You may also be required to pay fines, attend alcohol education classes, or install an ignition interlock device (IID) in your vehicle before your license can be reinstated.
During the suspension period, driving without a valid license can result in additional criminal charges, increased fines, and even jail time. It can also make everyday tasks like commuting to work or school more difficult, leading to further consequences in your personal and professional life.
A skilled criminal defense lawyer can play a critical role in getting your license reinstated sooner. First, they may challenge the license suspension itself. In many states, you have a limited time to request a hearing to contest the suspension, often known as an administrative hearing. A lawyer can represent you during this hearing, arguing that there were flaws in the arrest process, such as improper testing procedures or a lack of probable cause for the traffic stop.
Even if the suspension is upheld, a defense attorney can obtain a hardship or restricted license for you. This type of license allows you to drive for essential purposes, like getting to work, school, or medical appointments. To qualify for a hardship license, you may need to meet certain conditions, such as completing a portion of your suspension or enrolling in an alcohol education program.
Additionally, your criminal defense lawyer can guide you through the steps required for full reinstatement of your license following the suspension period ends, which often involves submitting the appropriate paperwork, paying reinstatement fees, and showing proof of compliance with any court-ordered conditions, such as alcohol treatment programs.
By working with an experienced criminal defense attorney, you increase your chances of successfully navigating the legal system, minimizing the effect of a DWI on your life and getting your driving privileges back as soon as possible.
Potential Penalties and Collateral Consequences of a DWI Conviction
A DWI conviction can lead to serious penalties and collateral consequences that may affect many areas of your life. The exact penalties depend on several factors, including whether it’s your first offense, your BAC at the time of arrest, and whether anyone suffered an injury or property was damaged as a result of your actions.
Potential Penalties for a DWI Conviction
For a first-time DWI offense, the penalties typically include fines, license suspension, and possibly jail time. Fines can range from a few hundred to a few thousand dollars, depending on the specifics of the offense. License suspension is also common and may last anywhere from several months to a year or more. In some cases, you may be required to attend alcohol education classes or a treatment program.
Repeated offenses often lead to harsher penalties. A second or third DWI conviction can result in much higher fines, longer jail sentences, and extended license suspensions, sometimes for several years. In some states, repeat offenders are also required to install an ignition interlock device (IID) on their vehicle. This device prevents the car from starting unless you pass a breath test.
In cases involving severe circumstances, such as accidents causing injury or death, the penalties can be much more severe, including felony charges, longer prison sentences, and permanent loss of driving privileges.
Collateral Consequences of a DWI Conviction
In addition to the legal penalties, a DWI conviction can lead to various collateral consequences. One of the most immediate effects is the effect on your auto insurance rates. Following a DWI, your insurance premiums are likely to skyrocket, and in some cases, your current insurer may drop you altogether. Finding affordable insurance can be difficult after a DWI.
A DWI conviction can also affect your employment. Some jobs, especially those that require driving or operating heavy machinery, may terminate employees who are convicted of a DWI. In other cases, having a DWI on your criminal record can make finding a new job challenging.
Other collateral consequences include losing professional licenses, such as for nurses, truck drivers, or teachers. If you are a student, a DWI conviction can affect your ability to receive scholarships or financial aid.
Defending Against a DWI Charge
Successfully defending against a DWI charge requires a strong legal strategy that challenges the prosecution’s evidence and questions whether law enforcement followed proper procedures. While DWI cases can be difficult to win, several defenses can be effective, depending on the facts of the case.
- Challenging the Traffic Stop – One of the first points to examine is whether the police officer had a valid reason to pull you over. The Constitution protects against unreasonable searches and seizures, meaning the officer must have had reasonable suspicion that you were violating the law. For example, if the officer pulled you over without witnessing any traffic violations or signs of impairment, your attorney may argue that the stop was unlawful, which can lead to the case being dismissed.
- Questioning Field Sobriety Tests – Officers often use field sobriety tests, such as walking in a straight line or standing on one leg, to determine whether a driver is impaired. However, these tests can be unreliable for several reasons. Factors like uneven pavement, poor weather conditions, or even nervousness can cause someone to fail the test. Your DWI lawyer can challenge the results of these tests by showing they were not conducted properly or that other factors affected your performance.
- Disputing Breathalyzer Results – Breathalyzer tests are commonly used to measure a person’s BAC, but these devices are not foolproof. They must be regularly maintained and calibrated to ensure accuracy. If the device was not properly maintained, or if the officer administering the test was not trained to use it correctly, the results may be inaccurate. In addition, factors like certain medical conditions, medications, or even mouthwash can produce false positives on breathalyzer tests.
- Challenging the Accuracy of Blood Tests – Blood tests are considered more accurate than breath tests, but they are not immune to mistakes. Issues like improper handling, contamination, or delays in testing can affect the results. A skilled attorney may challenge the validity of the blood test by scrutinizing how the sample was collected and whether proper protocols were followed.
- Proving Lack of Impairment – Finally, your defense lawyer can argue that even if you were drinking, you were not actually impaired while driving. This defense is often used when a driver’s BAC is close to the legal limit, and there is insufficient evidence that they were too impaired to safely operate the vehicle.
A successful defense of a DWI charge can lead to reduced charges or even a full dismissal of the case.
DWI Plea Deals Versus Trials
When facing a DWI charge, defendants often face a critical decision – whether to take the case to trial or accept a plea deal from the state prosecutor. Each option has its pros and cons, and the right choice depends on the specifics of the case, the evidence available, and the potential consequences.
Taking the Case to Trial
Going to trial in the court system can be an appealing option if the evidence against you is weak or if there are significant legal defenses available. A trial allows you to challenge the prosecution’s case in front of a judge or jury. You can present your evidence, call witnesses, and argue your side of the story. If you believe you are innocent or that the prosecution has not met the burden of proof, a trial may be the best route.
However, taking a case to trial comes with certain risks. Trials can be lengthy, expensive, and emotionally draining. If the jury finds you guilty, you may face harsher penalties than those offered in a plea deal. Furthermore, trials can be unpredictable; even strong defenses can result in unexpected outcomes.
Accepting a Plea Deal
A plea deal involves negotiating an agreement with the prosecutor to plead guilty to a lesser charge in exchange for a lighter sentence or reduced penalties. This option can provide several advantages. First, it typically results in a more certain outcome. You know exactly what the penalties will be, allowing you to plan accordingly. Plea deals often lead to reduced fines, shorter license suspensions, or less jail time compared to a trial conviction.
Moreover, accepting a plea deal can save time and money. Trials can be expensive due to attorney fees, court costs, and other expenses. By accepting a plea deal, you can avoid the lengthy trial process and move forward with your life.
Weighing the Options
The decision to go to trial or accept a plea deal should be made in consultation with a good criminal defense attorney. They can assess the strength of the evidence against you, discuss the potential risks and benefits of each option, and recommend the best course of action based on your specific circumstances.
Contact an Experienced Criminal Defense Lawyer in Your Area Today
If you are currently facing a DWI charge, it’s essential that you hire an experienced Fort Worth criminal defense attorney to represent you as soon as possible. Your lawyer can take the appropriate steps to pursue a driver’s license reinstatement – even if only on a limited basis. Your attorney can also represent you during all legal proceedings throughout your case and pursue the best possible result.
About The Author:
Brandon Fulgham has an in-depth understanding of both Texas law and Texans themselves. Before practicing law here, he received his undergraduate degree from TCU and his law degree from South Texas College of Law in Houston. After graduation, he worked in District Attorneys’ offices as a prosecutor. Now, he uses that knowledge to anticipate opposing counsel’s arguments and protect the rights of people in and around Fort Worth. His work has been recognized by Expertise (Best Criminal Defense Lawyers in Forth Worth and Best DUI Lawyers in Fort Worth, both 2020), Fort Worth Magazine, and The National Trial Lawyers, just to name a few.
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