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Understanding DWI Charges

Understanding DWI Charges

Introduction

Driving while intoxicated (DWI) is a grave offense that can have severe legal consequences. If you’re facing a DWI charge, understanding the charges and their legal implications is crucial for devising a defense strategy and minimizing the penalty.

In this article, we will discuss the various aspects of understanding DWI charges.

What is a DWI?

A DWI charge is typically levied against individuals who operate a vehicle while under the influence of alcohol or drugs. The legal limit for blood alcohol content (BAC) varies from state to state, but it usually falls between 0.08% and 0.10%.

The Legal Implications of a DWI Charge

The legal implications of a DWI charge vary depending on the severity of the offense and the offender’s criminal history. The consequences usually include:

– Fines
– Probation
– Imprisonment
– Suspension or revocation of driver’s license
– Mandatory participation in alcohol education and treatment programs
– Vehicle impoundment

Moreover, a DWI charge can impact an individual’s personal, professional, and social life, making it imperative to fight the charges and avoid or minimize the penalty.

The Legal Process of a DWI Charge

The legal process of a DWI charge can be lengthy and complex, but usually follows a standard set of steps:

1) Arrest and booking
2) Arraignment
3) Pre-trial hearing
4) Trial
5) Sentencing

Understanding each step and what comes with each step is crucial when facing DWI charges.

The Role of an Attorney in a DWI Charge

An experienced DWI attorney can help defendants understand the charges and develop a defense strategy that works best for their specific circumstances. Attorneys can help collect evidence to challenge the charge or negotiate with the prosecution for lesser charges or lighter penalties.

Conclusion

Understanding the charges, legal implications, process, and role of an attorney in a DWI charge is critical for anyone who finds themselves in such a situation. It is essential to consult an attorney as soon as possible to start building a defense and maximize your chances of avoiding or reducing the charges. Additionally, prevention is always the best defense. Avoid drinking and driving by using designated drivers or ride-sharing services to ensure the safety of yourself and other road users.


Driving While Intoxicated charges in most jurisdictions have been abolished. Instead of filing DWI charges, most jurisdictions have established DUI per se charges.

Many times, defense attorneys or the defendant him or herself would attempt to defend the individual charged with DWI by arguing that the defendant was not actually intoxicated, since intoxication is difficult to prove objectively and conclusively.

A person would often find themselves charged with DWI before the development of blood kits which were able to conclusively establish the BAC level, or Blood Alcohol Content level, of the individual who was charged with DWI.

Conclusively identifying and solidifying the DWI charges with a specific level of alcohol in a person’s blood stream allowed the courts, and legal system as a whole to abandon the easy to beat and subjective DWI charges, and instead create DUI per say charges. Historically, the first person charged with DWI was George Smith, a London taxi driver convicted of drunk driving on September 10, 1897. After he was charged with DWI and found guilty, he was forced to pay a 20 shillings fine.