DRIVING UNDER THE INFLUENCE (DUI) & DRIVING WHILE ABILITY IMPAIRED (DWAI)

If you’ve been charged with Driving Under the Influence (“DUI”) or Driving While Ability Impaired (“DWAI”), then you’re facing serious consequences and are about to embark on what will likely be a confusing road ahead (pun intended).  It’s imperative that you contact an experienced attorney immediately to help you navigate your way through it.

You may not realize that a DUI/DWAI arrest triggers two separate but related paths that each have their own consequences.  You’ll be facing criminal consequences in court as well as administrative consequences (regarding your driver’s license) at the DMV.  Each path will have their own set of important deadlines and hearings.  For instance, it’s crucial that you request a DMV hearing within the required time, otherwise you waive your right to the hearing and the DMV will revoke your driving privileges once that deadline passes.  So, step 1: hire an attorney; step 2: request that DMV hearing.  And while you’re at it, make sure you select that option to demand the presence of the cop at your DMV hearing.

Now, if you’re trying to dig through your hazy memories from the night’s blackout, you may be thinking you were so blitzed out of your mind that there’s no way your case is defensible, so why even bother hiring an attorney?  Wrong.  There are many ways to defend against a seemingly indefensible DUI/DWAI case.  For example, did the officer have a valid and legal reason to stop and contact you?  Was there probable cause for the officer to ask you to perform roadsides, make you provide a chemical breath or blood test, or arrest you?  Were the roadsides administered properly?  Was the chemical test legally executed?  Did the officer get you to incriminate yourself against your rights?  These are only a handful of the questions your attorney should be asking herself while working on your case.

The consequences for a DUI/DWAI conviction can be severe, including possible jail and prison time depending on how many prior DUI/DWAI convictions you have.  That’s why it’s just as important to have a competent and experienced attorney during sentencing as it is throughout the rest of your case.  Not only will we hold your hand and guide you through the entire process, but we will make sure that we put you in the best possible position at sentencing.  These cases are often very lengthy, which means there’s plenty of time for you to build up mitigation that can be argued in your favor for a lesser sentence.

If you’re reading this as research to prepare for future brushes with the law or if you’re trying to figure out what to do differently next time, here are a couple of things to keep in mind during a DUI/DWAI stop:

Cops aren’t your buddies. Just because they ask you nicely to do something doesn’t mean you have to do it.  So, when the cop asks if you’d be willing to do some voluntary roadside maneuvers so he can “see if you’re safe to drive home,” the answer is no!  Don’t let the intimidating uniform and holstered gun make you forget the English language.  The roadsides are VOLUNTARY, meaning you have a choice.  99% of the time they’re never letting you drive home so don’t give them any extra evidence to use against you in court.  Because no matter how well you think you did on those roadsides, the cops are going to make it sound as though you failed.

The chemical test. Generally, you have three options: breath, blood, or refusal.  If the cops suspect that you’re on drugs, you’ll only get two options: blood or refusal.  Keep in mind, drugs don’t show up on a breath test.  So, if you know something the cop doesn’t and you get the option of a breath test, don’t go out of your way to incriminate yourself by choosing a blood test which will reveal what you were actually up to the past few days.  You know better than anyone what’s likely to show up on those tests so make your decision accordingly.  The alcohol limit for a DWAI is only .05, which for most people equates to about 2 drinks.  Sure, there are some consequences for refusing a test such as increased penalties on the DMV side of things and the potential for the prosecution to use your refusal against you at trial.  Just try to use your best judgment.

Remember the cops need a legal reason to pull you over. Don’t make it easy for them.  Make sure your headlights are on, your break lights and license plate lights are illuminated properly, your registration isn’t expired, etc.  If you tend to have a lead foot, there’s this great invention called cruise control.

When in doubt…peanut butter cups? This hasn’t been confirmed, but word on the street is that peanut butter masks the scent of alcohol on your breath.  Cigarettes, on the other hand, do not and only act as a red flag.  So, the next time you’re at a gas station, you may want to stock up on some peanut butter cups to store in your glovebox for a rainy day.

Please keep in mind that none of this is intended to be legal advice or guarantees, and we are most certainly not encouraging anyone to get behind the wheel of a car after consuming drugs or alcohol.  But if you do find yourself charged with a DUI or DWAI call our office immediately.  Because at Butler & Telleen, we’ll make sure no stone is left unturned and no fight is left surrendered.  If your rights have been violated, we’ll find it and fight against it.  We’ll work both with and against the prosecution, depending on what the case calls for, and we’ll secure the best outcome possible for you.  You’ll be consulted and informed throughout the entire process and we’ll use both your input and our professional experience to create the best defense for your case.  Because at Butler & Telleen, your fight is our fight.  Contact us for a free consultation today.