Your Loved One’s DWI And What Happens Next

If you want to help a loved one get through a driving while intoxicated (DWI) situation, it helps to understand what is about to happen. A lot of the legal proceedings depend on the exact nature of your loved one's charges and the evidence, but almost all DWI cases follow the below routes. Read on and find out more so that you can be there to help your loved one get through this stressful situation.

Encourage Them to Put Up a Fight

An arrest for DWI doesn't have to turn into a conviction. Everything that affects a conviction is connected to the evidence. For a DWI, that means the blood alcohol concentration results, the field sobriety testing result, the testimony of the responding and arresting officers, and more. The legal limit in all states is .08%. Your loved one very likely tested at that or above before the arrest. The results of that and everything else about the case can be challenged, and your loved one will need the services of a criminal law attorney who deals in DWI cases. DWI charges can be fought, reduced, dropped, and cases can be won, but you must have expert help to take on those tasks.

Your Loved One Will Be Offered a Plea Bargain

These deals are very common with not only a DWI charge but with almost any type of case except the most serious ones like murder, rape, and kidnapping. Plea bargains mean the defendant pleads guilty in front of a judge and is immediately sentenced. No trial, no jury—just a short appearance and the case is over. This way of dealing with matters keeps the jails empty and the court calendars less-crowded, but your loved one should not be pressured into making a bad plea bargain decision. Encourage them to discuss the ramifications with their attorney.

Your Loved One Might Want to Go to Trial

In some cases, a trial can mean your loved one gets completely exonerated whereas a plea bargain means a conviction. The main decider is the strength of the evidence the state has against your loved one. Taking a case to trial, though, is more time-consuming and more expensive. It can also be stressful for your loved one and their family. If the evidence can be shown to be inaccurate or lacking, your loved one might triumph over the charges. As with all aspects of the case, the advice of the DWI attorney is key.

Speak to a DWI attorney to learn more.


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