DRIVING WHILE INTOXICATED
It is very important to contact an attorney immediately after your arrest for Driving While Intoxicated. You may only have 15 days following your arrest to request a hearing to contest the administrative suspension of your driver’s license for refusing or failing blood alcohol testing. This hearing offers your attorney an opportunity to question the arresting officer, under oath and on the record, without the District Attorney being present. Requesting a hearing may often delay the start of any potential license suspension. Since the right to have a hearing on the administrative suspension of your license is lost if you fail to request a hearing, it is imperative that anyone arrested for DWI consult with an attorney without delay immediately. At Hinzman & Flory, we do not charge for this initial consultation. We want you to be fully informed of all your options as soon as possible when facing this difficult situation.
DWIs different from other criminal offenses in that the same illegal act – operating a motor vehicle in a public place while intoxicated – could carry a range of punishment from probation or a few days in jail, up to life in prison depending on the number of prior convictions for DWI.
In order to convict you of Driving While Intoxicated, the State must prove Beyond a Reasonable Doubt that you were operating a motor vehicle while
Having a blood alcohol content of .08 or higher (blood alcohol testing required)
Having lost the normal use of your mental facilities due to the introduction of alcohol and/or drugs (blood alcohol testing not required)
Having lost the normal use of your physical facilities due to the introduction of alcohol and/or drugs (blood alcohol testing not required)
The two most important pieces of evidence the State will use to attempt to convict you of DWI are breath/blood testing results and videotape evidence. All of this evidence can be attacked and it is important to understand that even if you drove after drinking too much it does not mean that you will be convicted for DWI. At Hinzman & Flory, we have over 40 years of combined experience representing clients charged with DWI and understand how to attack the State’s case in order to bring about a favorable result for you.
DWI cases carry consequences other than potential jail or prison sentences. DWI convictions may in some instances result in an additional driver’s license suspension (separate from an administrative suspension for failing or refusing blood alcohol testing) and carry driver license surcharges that must be paid in order to avoid further license suspensions. At Hinzman & Flory we can help you navigate all these potential pitfalls and insure that you are driving legally. There are so many variables with these cases, that your best option is always to meet in person with an attorney immediately after your arrest.