Drunk Driving Lawyers Reduce The Consequences Of DWI |
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The consequences and penalties for DWI can be broken down into four areas: court ordered penalties, car insurance, driving record and criminal record, and employment. Each consequence cost the driver more money. 1. Court Ordered Penalties If convicted of DWI, a driver faces a fine, jail time, community service, or driver's license suspension. The more times that a person is found guilty of DWI, the greater the penalty. First time offenders will likely receive a fine and jail time with the jail time suspended upon completing community service or attending driving classes. In some states in certain cases, a first time offender may be eligible for a pre-trial intervention program. A driver found guilty for a fourth or fifth offense is likely to receive sentence of a jail sentence. Actual penalties vary state to state and case to case. Whether a driver has been charged with the driver's first, second, or more DWI, the driver needs to talk with a lawyer. Actually, I suggest that a driver talk with several lawyers because each lawyer will view the case slightly different and some lawyers will give the driver more information than other lawyers. After talking with several DWI lawyers, a driver will have a better understanding of what the driver is facing and which lawyer may do the best job for the driver. Drunk driving lawyers know how the system works and can often reduce the legal penalties. For example, if a driver is charged with the driver's first DWI, the prosecutor may offer, in exchange for a guilty plea to DWI, a penalty that sounds good compared to the maximum penalty. But, the prosecutor may simply not tell the driver about a pre-trial intervention program or about how driving classes can basically wipe out a DWI conviction or guilty plea (these types of programs vary state to state). Drunk driving lawyers know about these programs and how to get the prosecutor to agree to them. If a driver is not eligible for a program to reduce legal penalties and/or is faced with having to go to trial on a DWI charge for any reason, again drunk driving lawyers know how the court system works and how to handle the trial. They know what is common to all trials such as court rules, court procedures, and rules of evidence. They also know what is unique to DWI trials such as how to question police officers about their observations and field sobriety test. They know how to create reasonable doubt about breathalizer and blood test. And they know what to say that may reduce the penalty if a jury returns a guilty verdict. Court ordered penalties is where drunk driving lawyers have their greatest impact, but since legal penalties have a direct effect on the other consequences, drunk driving lawyers have an effect on them also. 2. Car Insurance A DWI conviction may cause an insurance company to either raise the driver's car insurance rates or to cancel the driver's car insurance policy altogether. If the insurance company cancels the driver's car insurance policy, the driver will need to obtain new insurance and it will cost significantly more that the original policy. With a DWI first offense, a DWI lawyer may be able to have the driver participate in a pre-trial program or attend driving classes with the result being that either the DWI charge goes away completely or has minimal effect on the driver's driving record. By reducing the legal penalty of a DWI, drunk driving lawyers generally reduce the increases in car insurance rates caused by DWIs. 3. Driving Record And Criminal Record While a first time DWI offense may, in some cases, not show up on a driver's driving record, most convictions for driving while intoxicated will be on a driver's driving record. But unlike most driving violations which remain on a driving record for three years, a DWI may remain on a driving record for ten years or more. In fact, some states do not remove the conviction from a driver's record. A conviction for a third, forth or fifth DWI is serious and may result in a jail sentence for the driver. With the jail sentence comes a criminal record which means that the driver will not only have a DWI on his/her driving record, but also a criminal record. By reducing the penalty for a first time offender, a drunk driving lawyer may be able to keep the DWI off of the driver's driving record. Even if the lawyer cannot keep the DWI off of the driver's driving record initially, the lawyer may be able to have the DWI expunged (removed) from the driver's driving record later. 4. Employment Depending on a driver's employer, a driver convicted of driving while intoxicated may be fired. This is primarily applicable to employment that involves driving. However, when employment requires a security clearance, a DWI can affect the security clearance. If a driver, who is charged with DWI, has any concern whatsoever about a DWI affecting the driver's employment, the driver must tell his/her concerns to any lawyer that the driver talks to about the DWI. The employment concerns can affect how drunk driving lawyers handle the defense against the DWI charge. For example, if a DWI will cause a driver to be fired, instead of trying to reach a plea bargain, a DWI lawyer may opt to try the DWI case in court in the belief that he/she can win a jury verdict. In another example, a lawyer may seek to have the driver plead guilty to a different charge in exchange for the prosecutor dropping the DWI charge. The bottom line is that because drunk driving lawyers know (1) the law, (2) how the court system in general works, and (3) how the system handles DWIs, they can, in most cases, reduce the consequences that a driver may suffer due to being charged with and convicted of DWI. The above is general information only. If you have any questions about DWI or driving while intoxicated, talk with a DWI attorney licensed in your state. Stop! Wouldn't you like to know more about driving while intoxicated, how it is proved, and what are the defenses to it. Get more information here on DWI - Driving While Intoxicated. And click here for more insights on DWI Defense - Ways To Beat A DWI. This article may be republished, but the wording must not be changed and the above two links must remain active. |
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