What happens when you are arrested for DWI?

by | Apr 18, 2013 | Lawyer

If you have never been arrested before for driving while intoxicated, maybe you have never been arrested for anything, you are going to wonder, “What happens next?” Conversely, if you have had prior arrests for DWI, then you may be in for a shock as the laws have changed significantly in the last few years. In either event, you may want to hire a DUI Lawyers Charleston to advise you and plead your case.

There may be minor differences in the penalties for DWI between states, but very few. Advocates who campaigned against drinking and driving were successful in having the penalties and consequences greatly enhanced.

First, the court appearance:

The constitution declares than anyone is considered innocent unless proven guilty beyond a shadow of a doubt. Unfortunately for the drunk driver, any alcohol above 0.08 in all states is an automatic conviction. If you feel that you were arrested improperly or that the results of the blood or breath test were in error, then you will need a DWI lawyer in Charleston. Under these circumstances you are advised not to say anything to anyone in authority until your lawyer arrives; anything that you, even inadvertently can be used against you in court.

Even though you feel there are mitigating circumstances, if the BAC is 0.08 or higher, the court will find you guilty. If you passed any field tests given by the arresting officer and your BAC is in excess of the limit, then you are guilty in the eyes of the law.

The penalties and consequences:

Upon conviction, you will be fined, you will be assessed court costs and you will lose your driving privileges. There are some states that mandate a jail term, even for first offenders. The amount of the fine and costs vary between states but you will pay and you will lose your license.

Paying the fines and losing your driving privileges is just the beginning of the consequences you will suffer. Simply waiting for the period of revocation to lapse and then asking for your license back does not work. Here is an area where a DUI Lawyers Charleston can help advising you of what courses and lessons that are mandatory. Once you attend the school and pass the test, then your license will be returned. Even when you have your license returned, you may have problems in getting insured, your lawyer may be able to help you get SR-22 insurance. Even though SR-22 is a possibility, your insurance premiums will double or even triple the premiums you paid prior to the offense. The conviction can have detrimental effects on your employment, especially if your job demands that you drive or that you have to meet certain security clearances.

If you are arrested in West Virginia for drunk driving, you are advised to hire a DWI attorney in Charleston. You are invited to contact The Wagner Law Firm for effective representation in front of the court

 

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