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Facing a DWI (Driving While Intoxicated) charge can be a daunting experience, and one of the biggest concerns for many is what happens to their driver’s license. It’s important to understand that being charged with a DWI does not equate to being found guilty. After an arrest, you typically do not have to surrender your license immediately, allowing you to drive until your case is resolved.
When you are arrested for a DWI, you are usually allowed to retain your driving privileges for the time being. However, this can change based on the outcome of your case. If you are convicted, you may face a range of penalties, including a potential suspension of your driver’s license. To prepare for this possibility, it’s wise to consult with an attorney who can help you navigate the situation.
Depending on the specifics of your case, there are several strategies your attorney can employ to help minimize the impact on your driving privileges. One common approach is to request a postponement of your court date. This gives you time to get your affairs in order, such as installing an interlock device in your vehicle, which may be required if you are convicted.
In New Jersey, for instance, your attorney can provide you with a list of certified interlock installers, helping you to arrange for this installation ahead of time. This proactive approach can reduce the period during which you may be unable to drive.
To build a strong defense against a DWI charge, your attorney will need specific information. This includes your contact details, a copy of your driver’s license, and the summons you received. If you no longer have the summons, it can usually be found using your driver’s license number on the Municipal Court portal.
Additionally, your attorney will want to know about any vehicles registered in your name, as this could influence the court’s decision regarding the installation of an interlock device. Understanding your medical history is also important, as conditions such as asthma or prior injuries may have affected your performance during field sobriety tests.
Your DWI attorney plays a critical role in the early stages of a DWI case. They will act as your advocate, gathering evidence and formulating the best possible defense strategy. This involves reviewing the facts of your case with you and explaining the potential consequences of accepting a plea deal versus proceeding to trial.
Your attorney’s goal is to ensure that you understand all of your options, including the possible outcomes of accepting a plea or fighting the charges. They should never pressure you into a guilty plea without ensuring that you are fully informed about the ramifications.
If you choose to accept a plea deal that requires the installation of an interlock device, your attorney will guide you through the process, providing information on approved installers. If the court decides on a license suspension, your attorney can work to delay the hearing, allowing you extra time to make necessary arrangements.
For a DWI conviction, the prosecution must establish two main elements beyond a reasonable doubt: that you operated a vehicle and that you were under the influence of alcohol or drugs (or had a BAC of 0.08% or higher). The most common method for determining BAC is through a breathalyzer test, which must meet specific legal requirements to be admissible in court.
Navigating a DWI charge can be complex and stressful, but understanding the potential implications for your driver’s license is essential. With the right legal support (JSD Legal), you can better prepare for the challenges ahead, ensuring you make informed decisions about your case. Whether you’re facing a potential license suspension or contemplating a plea deal, having an experienced attorney by your side can make a significant difference in the outcome of your situation. Remember, just because you’ve been charged doesn’t mean you’re guilty—so arm yourself with knowledge and seek the support you need.
Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.
