In our society today, driving while intoxicated is a crime that is not going anywhere. Every day people drink excessively and choose to get in their cars and drive. It is a choice that can change many lives forever. Often the consequences involve death and yet it happens again and again every day. Law enforcement remains vigilant to try to curb the problem and attorneys all over continue to do their best to assist those who find themselves accused of DWI. Experienced lawyers are working hard to help clients understand the challenges in the legal system. Facing a DWI charge without the assistance of a defense attorney is a choice that could lead you to uncharted waters and extreme consequences.
Many counties are using both ignition interlock devices in offender vehicles as well as in home breath alcohol monitoring for those found guilty of driving while intoxicated. The ignition interlock device requires the individual to blow into the apparatus in order for their vehicle to start. Some difficulties have come into play with insurance companies not willing to cover a vehicle that contains this device as well as employers concerned about this device in a company car. The in home device uses a camera to take a photograph of the individual blowing into the device as they blow into it. The individual must take the breath test three times a day.
“No refusal weekends” have become part of the routine to fight DWI. This means that officers will get a search warrant for blood to be drawn from the individual suspected of DWI if and when they refuse a breath test or blood test. Breath tests and blood draws are voluntary on the part of the person being arrested or a warrant must be obtained. An officer cannot use threats or other means to get an involuntary blood draw. If you are subjected to an inappropriately handled breathalyzer or blood test, an experienced DWI lawyer will be able to help you deal with this situation through the defense process.
An example of how hiring an attorney can be a crucial step in facing a DWI charge is their knowledge of options for accused individuals that can lead to lesser chargers. Recently in some areas, courts are accepting a “take responsibility plea.” Some District Attorney’s offices are now allowing misdemeanor prosecutors to take a plea bargain. This plea requires defendant to waive all rights in their case including the right to challenge the offense. There are several other agreements and stipulations that must be met in order to receive this plea and it is only given to first time offenders. If an automobile accident is involved, or if the individual was not cooperative with the arresting officer they will not be allowed to participate in the “take responsibility plea” program. Defense lawyers in the county are aware of this new plea and know how to help a first offender benefit from it.
New testing procedures, “no refusal” programs, and the “take responsibility” plea are just a few of the latest trends in fighting the battle against drunk driving. Should you find yourself facing a DWI charge, it is important to hire an attorney to help you navigate the twists and turns of the legal system that will come in to play as your rights are defended. best dwi lawyer
