Abilene DWI Lawyers
- White, David:
Wondering What Happens Next?
An arrest for drunk driving leaves many questions to be answered, such as:
* Will I go to jail?
* Will I lose my driver's license?
* What kind of fines am I going to have to pay?
* Is this going to effect my current or future employment?
* How much will my insurance increase?
The answers to these questions depend on how you are charged and the outcome of your case. It is important to seek legal advice to get the best result based on your circumstances. If this is not your first DUI/DWI offense, don't wait to contact a lawyer because you stand to lose much more than a first-time offender.
If you are convicted of two or more DWIs, you face mandatory jail time. And there is no time limit on when the second DWI may occur - so even if your first drunk driving conviction was when you were young and in college, you could still be facing felony charges and jail time if you make a mistake 30 years later.
If you are being charged with your first DWI, it is important that you do not plead guilty and accept the prosecution's first deal. You could be facing the loss of your license and extensive licensing fines in the years to come. Contact an attorney who can help you plead down your first DWI charge or assist you in getting an occupational license so you can still get to work after your license has been suspended.
- Randy
Wilson:
The crime of drunk driving is generally defined in two ways: (1) having
a blood alcohol content above the limit set by law, or (2) driving
under the influence of alcohol. To find a person guilty under the first
definition, a jury must be convinced beyond a reasonable doubt that the
person's blood alcohol content (BAC) exceeded a certain amount. In most
states the legal limit is .10 percent. Therefore, if it is proved that
the person's BAC at the time of the incident was .10 percent or
greater, he or she can be convicted of drunk driving, regardless of how
much alcohol was actually consumed. As a practical matter, one drink
would almost certainly not lead to a BAC of .10 percent or greater;
generally, a person needs to have five drinks in an hour to develop a
BAC of .10 percent. However, if there was something unique about the
person or the drink, or other circumstance, one drink could raise the
BAC above the legal limit.
In contrast, the second definition does not refer to any particular
BAC. It focuses on the driving behavior of the person; if it is
impaired by the person's consumption of alcohol, he or she can be found
guilty of drunk driving. Instead of presenting evidence of the BAC to a
jury, the prosecution seeking a conviction under this definition
generally presents testimony about the person's driving and consumption
of alcohol. A police officer will often describe the impaired driving
that lead him to pull the person over and the person's ability (or lack
thereof) to perform field sobriety tests, such as walking a straight
line. Evidence is also usually presented concerning the person's
consumption of alcohol and if the jury then concludes that the
prosecution has met its burden of proof, it will convict the person of
drunk driving. A susceptible person may exhibit impaired driving after
one drink and therefore be convicted of drunk driving.
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