Frequently Asked Questions about the DWI Defense

Q: Does there have to be a violation of a traffic law to be charged with DUI or DWI?

A: Most DWI prosecutions begin with a perceived traffic violation. The arresting officer conducts a traffic stop and, in talking with the driver, notices signs of impairment. It is important to have an experienced attorney examine your case to determine if the police officer had a legally valid reason for stopping you. If the officer did not have a legal reason for stopping your vehicle, we may be able to win your case even in spite of evidence that you may have been impaired.

Q: What are my obligations when stopped?

A: You should provide your name and address and show the officer your license and registration if he requests them, but you should not answer any other questions. You should not agree to blow into a hand held Breathalyzer or agree to perform any roadside sobriety tests, as these can be used as Probable Cause for a DWI/ DUI arrest. However, unless you are a repeat offender, you should normally consent to a breath or blood test if you are asked. Refusing to submit will result in a one year revocation of your driver's license, regardless of the outcome of your case when it goes to court.

Q. After I was arrested for DWI, my license was suspended for 30 days. Can the suspension be shortened?

A: To be eligible for Pre-trial Driving Privileges you must meet certain criteria, and the decision is at the discretion of the Judge. If the Judge does agree, the suspension can be shortened to around two weeks after the day of arrest.

Q: Can I be sentenced to prison time for a first time DWI conviction?

A: Yes. The law provides Judges the discretion to sentence anyone convicted of DWI to active jail time. However, unless there are aggravating factors, most first time DWI convictions result in a conditional probationary period.