Overturning a Conviction

Laws in every state in the nation explicitly says you must not drive while intoxicated. Some people drink over the limitation that's allowed by the courts. So one day you're pulled over by law enforcement for driving while intoxicated. After submitting to a required sobriety test on the spot, the result appears to be that you've committed a crime by drinking and driving over the state limit. You're arrested on a serious felony count of operating your vehicle while intoxicated. You are handcuffed and taken off to jail to be booked.  You will need to hire an experienced DWI attorney to represent you in court to fight this charge. Your life is not all over, but you must find a knowledgeable DWI attorney to examine the facts in your case, which will hopefully prevent you from being incarcerated for A DWI offence.  You should not try to be your own defense lawyer.

Getting To Know Your Attorney And Offer Information

Once you've made bail, you'll be asked to visit the attorney's office to discuss your case. This is necessary because your comments will give your attorney a chance to plan a strategy about how to go about fighting your charges. You'll need to give all the facts about what happened after you were stopped by the officer. Volunteer useful information that can be used to show you were not breaking the law when stopped and arrested. Your attorney may also plan to suppress the blood alcohol test result for a specific reason.

Your Attorney Can Challenge Stop And Arrested Issue

Learned counsel might even decide to challenge the stop and arrest issue. A simple statement about what the officer said prior to the arrest could have charges dropped against you. So it's important for you to fully answer questions posed by your attorney. Your attorney will filter out anything you say that is irrelevant or not helpful to your case.

Why You May Have To Plead Guilty

So what truly boxes you in that could cause you to enter a plea of guilty as charged? Your blood alcohol test results are troublesome when the measurement is documented as well over 0.8. So if your case goes to trial, you could be convicted on that charge. However, in arguing the case, your attorney might sway a judge or jury to believe that the measurement is inconclusive if the blood alcohol level is .09 or 10. The latter measurement means the field sobriety tests are inconclusive.

Lowering Your Charges To A Misdemeanor Charge

Your lawyer will petition the prosecutor to lower the charges to a misdemeanor charge based on the inconclusive measurement. A misdemeanor charge lessens any jail time that you may have been facing on the original count. That's why it's so important to hire an attorney with experience to argue your case at trial.

For more information or assistance, contact a local DWI attorney, such as Thomas A Corletta.