If you were arrested and got a DWI, then you need to be aware of two distinct legal proceedings that you will face in the upcoming months. Both of these proceedings can have a big impact on your life. For this reason, contact Daniel Clancy, an experienced DWI lawyer as soon as possible after your arrest. This will benefit you and help to protect your rights.
The first legal proceeding you will be attending is the Administrative License Revocation (ALR) Program hearing. This is going to be the hearing that determines whether you get your driving privileges back or not. If you fail a breath or blood test, the police officer will give you a 40-day temporary driving permit and if you take no action in that time, your license suspension will begin on the 40th day and can last anywhere from 90 days to two years. You can request an administrative hearing and contest the suspension of your license. You can’t leave this step very long, you must submit the request for a hearing within 15 days of your arrest and if you miss that deadline it could be costly.
With your criminal case, there is much more at risk including a hefty fine and ultimately your freedom. The consequences will depend on many factors, including whether or not you have previous DWI charges.
The potential charges you are facing are:
First offense (Class B misdemeanor) – 90 day-1 year license suspension, up to a $2,000 fine and 72 hours to 6 months in jail
Second offense (Class A misdemeanor) – 180 days-2 year license suspension or revocation, up to $4,000 in fines and spend anywhere from 30 days to a year in jail.
Third offense (Third-degree felony)– License revocation for up to two years, up to $10,000 in fines and spend anywhere from 2-10 years in jail.
If you are charged with a DWI, you have rights that include the right to review any evidence that the prosecution plans to use against you, including chemical test results or body cam and dashcam footage. It is important to request and review this evidence as soon as possible as it can help your lawyer plan the best defense for you.