Driving while Impaired is a serious criminal offense that can result in incarceration even for your first offense. Consequences of a conviction are tremendous. Subsequent convictions are even more likely to result in substantial periods of incarceration.
For more than 25 years, Tim has analyzed carefully every DWI case he handles. He requires a minimum of a one hour to consult with you regarding this offense. The reason for this is simple. Since 1983, the law concerning DWI has taken on a persona of itself. Without going through all of the changes, a person can presently be convicted of impaired driving on alcohol with a blood alcohol reading of .08. However, as you may know, very few people receive a blood test. Instead the State has certified certain "machines" to convert breath samples into blood alcohol content "BAC". Over the years the penalties have become much more severe. This past legislature created even harsher penalties for impaired drivers.
As with any other criminal case, but I believe more particularly with a DWI, the burden is on the state to prove you guilty beyond a reasonable doubt. The interview process will touch upon each aspect of your impaired driving charge, from the time of the stop until your release from jail. Many legal issues often arise because of the complexity and ever-changing aspect of a DWI. Most recently people are being charged with DWI while impaired on drugs, both illegal and prescription medications. It cannot be overstressed that your chances of success when charged with DWI are affected by the quality of your legal representation. Again, experience matters. It is the key to any successful defense.
Though no attorney can ethically guarantee you a specific outcome in any criminal case, Tim will use his best efforts and years of experience to search for any factual or legal issue that may allow you to obtain a more favorable outcome to this charge.
Hopefully, as a result of our initial investigation, yes will be the answer to the real question concerning the charge of DWI...
Do I Have a Defense Against DWI Charges?
Some people plead guilty to DWI charges because they admitted they had been drinking at the time of their arrest and subsequently failed a Breathalyzer test. There are defenses, however, even if you blew above .08.
For example:
- Did police have a legal reason to stop you? Police need to have a reasonable suspicion that you committed a crime before they can pull you over. If the stop was illegal, all evidence gathered after the stop can be suppressed, which means your DWI will most likely be dismissed.
- Were the Breathalyzer results accurate? It may be possible to challenge the Breathalyzer test results based on the circumstances under which you were tested. This again is the reason for the intensive initial consultation and again, the reason Tim Smith takes these cases so seriously.
Attorney Tim Smith will examine the paperwork and the facts of your case with a fine tooth comb to look for the best possible defense. Even if it is not possible to obtain a dismissal of the charges or a not guilty verdict, it may be possible to negotiate a plea bargain that is less damaging to your future. You should never plead guilty to DWI before you have spoken with an experienced DWI defense lawyer.
Contact Tim Smith as your experienced DWI Defense Attorney
If you have any questions or would like additional information about DWI defense, please do not hesitate to contact us. To schedule a consultation, call, call 910-315-0244 (800-515-2309 toll free) or send us an e-mail. Se habla español.
