Getting a DWI is no picnic, but you made your bed and now you have to lie in it. Or do you? If you’re a first-time offender, chances are good that you can mount a defense that will stave off at least some of the harsh penalties associated with this type of citation. Of course, the best outcome would be to have the ticket overturned and the incident expunged from your record. But it’s probably more likely you’ll face losing your license or spending some time on probation (unless you’re a repeat offender, which means you could be facing much worse). In any case, you’ll definitely need to prepare a defense, so here are a few steps you’ll want to take.
- Know what it is. Many people mistakenly believe that a DUI and DWI are virtually the same, but there is an important distinction to be made. A DUI (driving under the influence) is cited when a driver’s BAC (blood alcohol concentration) is at or below the legal limit. A DWI (driving while intoxicated) is issued when a driver has exceeded the legal limit, making it a far more serious offense. So if you thought you were just going to skate through your hearing, it’s time to get serious about defending yourself. Keep in mind that some states view the offenses as equal, but usually that means harsher penalties for DUI offenders, rather than a lighter sentence for those that receive a DWI.
- Be honest. You messed up big time by thinking you could get away with drinking and driving, and while this may be the first time you got caught, it almost certainly isn’t your first time around the block. You need to think about your behavior and the consequences that it will eventually have on your life (and potentially the lives of others). Instead of going into court with an attitude of entitlement (which a judge will not appreciate), think about making an adjustment. You clearly have a problem and you’re going to have to pay for it. But if you can enter a courtroom with honest intentions of changing, you may avoid having the judge throw the book at you.
- Enter treatment. This isn’t required, but it’s a good idea if you want to get a lighter sentence. Showing a judge that you understand you made a mistake and that you have begun to take steps to correct it is a good way to start off on the right foot. Since it is pretty common for court-mandated treatment to be included in sentencing for these type of offenses anyway, it couldn’t hurt to jump the gun.
- Hire a lawyer. Fighting a DWI charge is pretty difficult. Although you are innocent until proven guilty, even breathalyzers that haven’t been calibrated recently can’t be that far off. So if you want to avoid losing your license and suffering probation or jail time, it behooves you to hire a lawyer that can file all your paperwork on time and help you plan a defense that gets you the lightest sentence possible.
- Start planning early. Your court date could be upon you before you know it (sometimes within days) so you need to begin your preparations immediately. You have only yourself to blame if you wait until the eleventh hour to formulate your defense or hire legal representation.
Evan Fischer is a contributing writer for www.PowMac.com, the premier North Carolina DWI attorney.