Facing a DWI Charge? Hire a lawyer!

You are a law abiding, working citizen with a job, family, aspirations. You pay your taxes, vote and are a good person. Now, because of a bad decision you are facing a criminal charge. Being charged with Driving While Intoxicated (DWI) is serious, especially to someone like you who has never faced criminal charges before. Your clean record and driving privileges are put in jeopardy. A conviction for DWI is a criminal conviction. You most likely have questions about what happens next and have probably spent quite some time searching online about possible penalties. It is important that you hire an attorney that is experienced with DWI and criminal law, someone who can give you expert guidance and advice. No 2 cases are identical therefore it is important that you contact a lawyer as soon as possible so that you do not make some of the common mistakes that many do when faced with their first DWI.

First of all, you will likely have a date set for arraignment on your charge. The arraignment is the official start of the court process where you are formally advised of the charges against you. It is critical that you appear with an attorney at your arraignment. One of the things you will need an attorney to do for you prior to your arraignment is investigate whether or not you qualify for a Hardship License. At your arraignment the judge will suspend your drivers license. If you qualify for and submit a properly prepared affidavit for a Hardship License you may be granted permission to drive for limited purposes while your case is pending. This application must be done prior to your arraignment. A common mistake people make is appearing at arraignment without an attorney and upon realizing that the situation is more serious than they anticipated, then hire a lawyer. At this point it is often too late to be granted a Hardship License.

After your arraignment your lawyer will have an opportunity to review the case file that the District Attorney has and most importantly will have the ability to speak directly with the Assistant District Attorney and Judge about your case. Some people believe that they can handle their own case. This is a mistake. Even other lawyers who are charged with DWI hire attorneys to represent them. A prosecutor will not typically speak with you directly about your case and this will seriously harm your chances at negotiating a favorable plea bargain. A good DWI attorney will be able to spot issues with your case and use them as leverage to negotiate a plea. If your case must proceed to trial, a prepared DWI lawyer will be able to focus on those issues that are important. DWI is not an easy case for the prosecution to prove and a good attorney will be able to highlight the weaknesses in the case to obtain a favorable result.

Keep in mind that if you are charged with DWI it will not simply go away without doing anything. Your case will ultimately end up at a trial. After motion arguments (arguments based upon written legal arguments challenging the case against you) there will likely be hearings to challenge the stop of your vehicle, observations of the police officer, statements you might have made to police that are being used against you, the results of any breath test administered to you and any violations of your constitutional rights. After the hearings the case is typically set down for a trial. You have a right to have your case tried in front of a jury, but may waive that right and have your case heard before the judge alone. In a jury trial, the facts are determined by the jury and based upon those facts the jury must unanimously decide whether your are guilty or not guilty. In a jury trial the judge instructs on the law. In a bench trial the judge determines what facts are proven and then makes the decision as to whether or not you are guilty or not guilty. An experienced DWI and criminal lawyer will be able to advise you as to what your best option might be. Not every court is the same, each judge has their own bias and nuances that effect their decision making. A good defense attorney who has practiced in front of the judge you are facing will have some insight in to how the particular judge decides cases in front of him or her.

Our firm has extensive experience handling criminal and DWI cases. Visit www.rochesterdwihelp.com for information regarding penalties, pricing and contact info. We are happy to help you get your life back on track. We never charge for a consultation, so let us analyse your case for free! Have a safe and Happy New Year!