What should I know if I'm arrested for DWI?
Legal Question of the Day for Friday, February 15, 2008
DUI laws differ from state to state. Even the name itself can be different. Some states call the offense Driving Under the Influence (DUI) and others call it Driving While Intoxicated (DWI). Because of these differences, you need to know the law in the state in which you were arrested.
Many states have implied-consent laws involving Breathalyzer or other testing to determine blood alcohol content. In these states, if you refuse to submit to testing, you could have your license suspended.
Many states also have reciprocal agreements with other states with respect to DUI laws. For example, a Minnesota resident convicted of DUI in Wisconsin could have his Minnesota license suspended because of the conviction.
Most states impose mandatory minimum sentences on the defendant convicted of DUI. That means the judge has no choice but to impose a jail sentence. The length of the sentence is determined by the number of times the defendant has been convicted of this crime.
Many states have pre-trial programs for first-time offenders. In these programs, a judge will place an offender on pre-trial probation. If the offender successfully complies with probation (e.g., goes to rehab, does community service or pays fines), the case will be dismissed and there will be no conviction.
A criminal conviction could have a seriously negative impact on your life. It could keep you from getting jobs, going to college or getting into military service. You should consult an attorney to help you get through your criminal case. If you can’t afford one, the court will appoint one to represent you.
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