If for whatever reasons a DWI case has been filed against you, a guilty verdict could change the course of your life. You have a role to play in dismantling your accuser’s evidence.

A DWI case requires an experienced defense attorney, one who has a successful track record of delivering wins to clients in similar cases. If the initial stages of your defense isn’t built correctly, you may end up in prison or fined unfairly.

However, let’s first get to understand what a DWI case is about.

A DWI lawsuit is filed against a driver whose recklessness has led to a fatal or non-fatal accident. Such a lawsuit can lead to serious criminal charges, with penalties consisting of restitution, a jail term, or both. The accused driver can also face a civil liability lawsuit. Legally, an accident doesn’t have to occur for a DWI case to be admitted in a court of law. That’s why you must take caution when dealing with a DWI case.

In case of a fatality, a lawsuit would be filed by a third-party on behalf of the deceased. Usually, it’s aimed at recovering the damages caused by the driver’s negligence. The damages may include lost wages, damaged property, and medical costs, among others.

So, what do you do if a DWI case has been filed against you?

Posting bail is often required after an arrest. While most individuals may be released without bail, some cases require the aid of a bondsman. These individuals will require a fee, up front. Once the fee is paid, they will post bail for you.

After your time of arrest, you have a limited number of days (usually 10) including weekends and holidays, to make a formal request for a DMV hearing. This hearing will determine whether you are allowed to keep your driver's license. If you or your attorney does not request a DMV hearing, your license will be automatically suspended.

The arraignment is the portion of your trial during which you enter your plea. Do not plead guilty. It is possible to fight DUI charges and win the case. However, you must ensure that you have experienced, expert DUI counsel on your side to do this. A plea of not guilty will give you a jury trial, during which it is possible to show that you were not driving drunk, or challenge the merits of the case in another manner.

At Wilvin J. Carter, we have successfully defended many clients in similar cases. As soon as you reach out to us to defend you, we’ll get your narration and that of the plaintiff before we embark on gathering evidence for your defense.

 

Frequently Asked Questions

DWI FAQ

What is the difference between DWI and DUI?

DWI stands for “driving while intoxicated” while DUI means “driving under the influence”. Either way a person who is charged with DWI or DUI means that he was caught driving while being intoxicated with alcohol or drugs. Drunk driving or driving while under the influence of drugs is illegal because of the serious risks to the health and safety of the driver himself and others.

What are the fines for DWI?

The fines for DWI depend on the number of offenses you have made. If this is your first offense, you can expect fines up to $2000 and up to 180 days in jail. Your license may be suspended up to 12 months and a possible court-order to enroll in DWI school.

Will I go to jail if it is my first DWI?

 If you’ve been caught for the first time and you have a clean criminal record you are less likely to go to jail. First time offenders don’t eventually go to jail if they have no criminal history and your actions did not result in property damage or injury.

What can I expect from my lawyer throughout the DWI investigation?

Throughout the case, you will need the representation of a DWI attorney. A skilled attorney will make sure that your constitutional rights are protected and if it is found that your arrest was illegal your case may be dismissed.