Can a DWI Attorney Help Me Keep My License

1. Can a DWI Attorney Help Me Keep My License? Being arrested for a DWI (Driving While Intoxicated) can have serious repercussions, including the potential loss of your driver’s license. For many, the thought of losing their driving privileges is particularly alarming since so much of daily life—commuting to work, running errands, and taking care of family—requires being able to drive. If you've been charged with DWI, it's natural to worry about how it will affect your license. The good news is that a skilled DWI attorney can often help minimize the consequences, including helping you retain your driver’s license. This article will delve into the various ways the Best DWI Attorney can assist in preserving your license and defending against the charges. What Happens to Your License After a DWI Arrest? One of the first consequences after a DWI arrest is often an immediate license suspension. There are two types of license suspensions you may face: 1.Administrative License Suspension: This is a civil penalty imposed by the Department of Motor Vehicles (DMV) if you either refuse to take or fail a breathalyzer or blood test. This suspension is usually automatic, and the clock starts ticking the moment you are arrested. Depending on your state, you may have only a short window—often 10 to 30 days—to request a hearing to fight the suspension. 2.Criminal License Suspension: This suspension occurs after the criminal court process if you are convicted of DWI. The length of this suspension depends on several factors, such as your blood alcohol content (BAC) at the time of arrest, whether this is your first DWI offense, and if any aggravating factors (like an accident) were involved. If your license is suspended administratively, you may still be able to drive legally while the criminal case is pending, but you’ll need to act quickly.

2. License Suspensions and BAC Levels States typically impose stricter penalties based on your BAC level at the time of arrest. For instance, if your BAC was significantly over the legal limit (typically .08), you may face a longer suspension. If you refuse to take the breath or blood test, many states will impose an automatic suspension, often longer than if you had failed the test. How Can a DWI Attorney Help You Keep Your License? Challenging the Administrative License Suspension One of the first things a DWI attorney will do is help you fight the administrative suspension of your license. After a DWI arrest, you typically have a small window of time to request a DMV hearing—this hearing is separate from your criminal court proceedings and solely addresses the status of your license. At this hearing, your attorney can challenge various aspects of the arrest and the evidence gathered. For example, they might argue: The police officer did not have reasonable cause to stop you in the first place. The breathalyzer or blood test was inaccurate or improperly administered. There were procedural errors during the arrest. If your attorney can cast doubt on the legality or accuracy of the process, they may convince the DMV to let you keep your license during the criminal proceedings. Plea Bargains and Reduced Charges If your criminal case proceeds, a DWI attorney can negotiate on your behalf to reduce the severity of the charges. In some cases, the prosecutor may be willing to offer a plea bargain. This could involve pleading to a lesser charge, such as reckless driving, which carries less severe penalties, including a shorter (or no) license suspension. By working with the prosecution, your attorney may be able to reduce your charges in a way that allows you to retain your license or face a shorter suspension period. In some cases, they can also negotiate for alternative penalties, like increased fines, in exchange for keeping your driving privileges. Securing a Hardship License or Restricted License In many states, even if your license is suspended, you may be eligible for a hardship license (sometimes called a restricted or limited-use license). This allows you to drive under certain circumstances, such as: Driving to and from work

3. Attending school Going to medical appointments Performing essential household duties like grocery shopping Your attorney can help you apply for a hardship license by demonstrating to the court or DMV that a total loss of your driving privileges would cause significant hardship to you or your family. A hardship license allows you to continue essential activities while serving a suspension. Defending You in Criminal Court One of the most critical roles your DWI attorney plays is defending you in criminal court. If you are convicted of DWI, a criminal court judge can impose a license suspension, alongside other penalties like fines, probation, or even jail time. However, a skilled attorney can challenge the DWI charges themselves, potentially leading to a reduction or dismissal of the charges, which could prevent a criminal license suspension altogether. Some common defenses your attorney might use include: Unlawful Traffic Stop: If the police did not have reasonable suspicion to pull you over, all the evidence obtained after the stop (including any breath or blood tests) could be ruled inadmissible. Improper Administration of Tests: Breathalyzers and field sobriety tests are not infallible. If the equipment wasn’t calibrated correctly, or if the officer did not administer the tests properly, the results might not be valid. Medical Conditions or Medications: Some medical conditions, such as diabetes or acid reflux, can cause elevated breathalyzer readings. Certain medications can also interfere with test results. If your attorney can successfully challenge the evidence against you, you may avoid a conviction and the accompanying license suspension. The DMV Hearing Process| What to Expect: The Importance of the DMV Hearing The DMV hearing is a crucial opportunity to protect your license. If you do not request this hearing within the designated timeframe, your license suspension will automatically take effect. This hearing is separate from your criminal court case and only addresses the issue of whether you should retain your driving privileges while the case is pending. At the DMV hearing, the officer who arrested you will often be present, and your attorney will have the chance to cross-examine them. This is an opportunity for your attorney to challenge the legitimacy of the stop, the accuracy of the tests, and the procedures followed by law

4. enforcement. While the DMV hearing is less formal than a criminal trial, it can be a powerful tool in fighting for your right to drive. Possible Outcomes of the DMV Hearing There are generally two possible outcomes of a DMV hearing: 1.License Suspension Upheld: If the DMV finds that the evidence supports the suspension, they may uphold the administrative suspension. However, you may still be able to drive with a hardship license, which your attorney can help you secure. 2.License Suspension Overturned: If your attorney successfully challenges the evidence, the DMV may overturn the suspension, allowing you to keep your license. This decision only affects the administrative suspension, meaning the criminal case is still separate. Taking Action Quickly: Time is of the Essence It’s important to act quickly if you’ve been arrested for DWI. In many states, the window to request a DMV hearing is small—sometimes as little as seven days. Missing this window can result in an automatic suspension of your license, even if you plan to fight the criminal charges. This is why contacting a DWI attorney as soon as possible is essential. The attorney will not only ensure that your DMV hearing request is filed on time but also begin gathering evidence and preparing your defense for both the DMV and criminal court. Building a Strong Defense A strong defense against a DWI charge often requires a thorough investigation. Your attorney will review the details of your case, including the police report, breathalyzer maintenance records, and witness statements. They may also consult experts to challenge the accuracy of the tests. Building a robust defense takes time, and the sooner you start, the better your chances of keeping your license and minimizing other consequences. Conclusion: Losing your driver’s license can significantly impact your daily life, but with the help of a qualified Best DWI Attorney, you may be able to avoid a suspension. Whether by challenging the administrative suspension, defending you in court, or securing a hardship license, a DWI attorney has the expertise to help you retain your driving privileges. If you’ve been arrested for DWI, act quickly to protect your rights and your ability to drive.