Its true that DWI charges are hard to beat, but they aren’t impossible. In fact, the prosecution has a great deal of evidence they must prove.
“But I blew over the limit on the road, so why should I fight?”
Simple, a DWI conviction creates a criminal history that will stay with you for years. A single DWI can keep you from being accepted to professional education programs or get you fired. CDL drivers for example lose their CDL privileges for a year – not to mention the hiring stigma associated with the charge.
A single DWI is a criminal conviction and can leave you in jail or with lengthy community service commitments.
A DWI conviction is expensive even if you don’t hire an attorney. Right after the arrest, you have likely already racked up bonding, towing and storage fees. Next, you will have to install an interlock devise in your car if you plan to drive any time in the near future since your license has already been administratively suspended before your trial. After a conviction, you will have steep fines and court costs, especially if there are any additional charges associated with your arrest. If you can’t pay the fines in full the day of the conviction, then you may be able to set up a payment plan at a cost. You’ll pay a fee for the plan as well as an additional probation fee since you may have to meet with a probation officer until you have paid in full. You will have to sign up for alcohol classes and apply to re-instate your drivers license – all at more expense to you. Finally, after you think you are finished with the whole process, you’ll get your next insurance statement with most likely a significant rate increase.
Now, the expense of hiring an attorney is minimal compared to the total expense you are likely looking at. If you are found innocent, then those expenses can disappear. Even with the evidence stacked against you, a good attorney will find any hole that may be in the prosecution’s case. As much as any attorney hates to admit it though, sometimes there just isn’t a defense. When an attorney advises a client to strike a plea deal, they will fight for lower fines, jail or community service time. In almost every situation, hiring an attorney pays for itself even in a losing case.
Finally, and this cannot be stressed enough, you can’t be convicted of a second DWI if you haven’t been convicted of a first!
So, you may have blown over the limit on the side of the road. Guess what…that portable breath test cannot be used against you as substantive proof in Arkansas! You read that right! You failed the field sobriety tests too? Its not the end of the line. Do you wear contacts? Do you have any physical disabilities? Do you have diabetes? All of these are potential ways to overcome failing field sobriety tests.
Were you involved in an accident? Accident victims oftentimes exhibit signs of intoxication due to injuries from the accident.
These are just some of the reasons you should fight a DWI charge.
If you have been charged with a DWI in Arkansas, call 870.405.1620 today to speak with Justin.