For many individuals, traffic tickets and other motor vehicle violations will be the most common types of potential criminal issues that people will face. Unfortunately, a group of common assumptions can put defendants at risk of compromising their defense in these cases.
Myth: A DWI Charge Is Only Serious If You Caused An Accident
Some individuals may fail to appreciate the serious nature of a DWI charge. Often, these individuals assume that the punishment for this offense will only be severe if they caused an accident. However, DWI punishments are intended to be severe regardless of whether an accident occurred. This is to discourage individuals from attempting intoxicated driving. In fact, anyone that is found guilty of this offense can face the loss of their driving abilities, heavy fines, and even jail sentences.
Myth: It Is Impossible To Know Whether You Are Intoxicated To Drive Until It Is Too Late
A common reason for an individual to be charged with a DWI is due to a failure to appreciate the amount that they have had to drink at the time. While it may seem like it will be impossible to be able to know whether you have had too much to be able to legally drive, there is an option available. Disposable breathalyzers can provide you with a fairly accurate blood alcohol level. Unfortunately, individuals assume that they only need to stay under the legal limit to drive. In reality, the impacts of alcohol can be different for everyone, and you will need to consider your own tolerance as some individuals may be unable to safely operate a vehicle well below the legal blood alcohol threshold.
Myth: There Are No Defense Options For A DWI Charge
Defending yourself against a DWI charge can be a tricky affair. However, a DUI attorney will be able to represent their clients in a number of different ways throughout the course of these criminal proceedings. One of the first steps may be to simply negotiate with the prosecutor. Often, prosecutors may be willing to lower the penalties they are seeking for first-time offenders, and this can be a good starting point for a plea bargain negotiation. When these efforts fail, you will be able to thoroughly review the actions and reports from the arresting police officers to ensure that all of the correct steps and protocols were followed for protecting the defendant's rights. Violations against the rights of the defendant can be severe enough to force the entire case to be dropped or the prosecution to seek a favorable plea deal with the defense.