It can be embarrassing to get arrested for driving while intoxicated (DWI). At that moment, you may be confused, but your next steps are critical. How you react influences the severity of your case and determines the consequences if you’re convicted.
Whether it’s your first DWI charge or not, it’s important to maintain composure, act sensibly, and avoid making certain mistakes. Knowing the right course of action to take can help you protect your rights and mitigate penalties. Read on to discover the mistakes to avoid after a DWI arrest.
Engaging in Lengthy Conversations With the Police
If the police pull you over for an initial investigation, they’ll read you your Miranda rights. According to your rights, you can remain silent, and you should. After sharing your basic identification information, refrain from talking further.
You might slip up while trying to plead or explain, giving the officers details that can serve as evidence against you in court. The best thing to do is to ask to speak to an attorney. With legal help, you’ll be less likely to incriminate yourself.
Concluding That the Charge is Minor
First-time offenders mostly underestimate the severity of a DWI charge. Contrary to popular opinion, operating a vehicle while impaired by alcohol is a serious offense. It has dire consequences, including fines, jail time, license suspension, and a permanent criminal record. You should proceed with caution and understand the legal penalties. Failing to take the situation seriously can worsen the consequences you’ll face.
Refusing to Take a Breathalyzer
Refusing to take a breath test plunges you into further legal trouble. All states have implied consent laws, meaning that to get a driver’s license, you’ll automatically consent to take breath, urine, or blood tests. Refusal to cooperate violates the implied consent laws. This violation is punishable by instant license suspension rather than after a conviction. Under some state laws, refusal can serve as evidence of guilt.
Delaying Your Administrative Hearing
You have seven to 15 days to request an administrative hearing with the state’s Department of Motor Vehicles (DMV). This hearing gives you a chance to defend yourself and present contrary evidence for cross-examination. Depending on the outcome, you may retain your license till after your court hearing. However, if you don’t request a hearing within the specified time frame, the DMV will suspend your license for forty days after the arrest.
Your worst mistake would be to face a DWI trial without an attorney. Regardless of your financial situation, it’s important to seek representation from DWI legal services from the onset. An attorney will guide you through initial police investigations and review their findings for errors. Your legal representative can also challenge the accuracy of the breath test, handle hearings on your behalf, and negotiate for lesser penalties.
Ignoring Court Requests
If you ignore court requirements, you’ll risk facing extra penalties. Worse still, the court may issue a bench warrant. However, if you miss hearings repeatedly, the Judge may issue a no-bail warrant. It’s in your best interest to obey court orders, attend hearings, pay necessary fines, and attend your alcohol education classes.
Rushing to Plead Guilty
Pleading guilty to a DWI charge is rarely a good choice. Even if there’s incriminating evidence, you can explore other options while navigating DWI court proceedings. A lawyer can find loopholes and build a solid defense.
For example, it’s possible to challenge the charges if the police made omissions, used faulty testing equipment, or stopped you without legal justification. Even if you’re guilty, your lawyer can negotiate for an alternative sentencing and negotiate against a permanent criminal record.
Endnote
Driving while intoxicated is a serious offense. If you get caught, don’t discuss it with the police, assume it’s a simple case, or refuse to take the breath test. Request an administrative hearing, consult an attorney, and obey court requests. Finally, never plead guilty, as your lawyer can negotiate for a lesser penalty.