This is the offense that can happen to anyone. Even a very occasional drinker, in the wrong place, at the wrong time, can be subject to arrest and severe penalties. The penalties for a first offense include loss of license, fine, mandatory substance abuse evaluation, requirement to install an ignition interlock device, etc. For anything other than an ordinary first offense, the penalties are similar to those listed above with the addition of mandatory incarceration. The possibility of mandatory incarceration and the potentially extensive loss of license give these offenses the ability to severely disrupt your life. Many people have lost their jobs, home, and even custody of their children from the domino effect of not being able to drive.
An up and coming focus of law enforcement has become arresting and prosecution people suspected of driving under the influence of drugs other than alcohol. Their training is often mixed with inaccurate pseudo-science. Experienced and knowledgeable counsel can debunk these myths and thwart the State’s attempt to convince the judge or jury that a person was impaired through the use of junk science.
Almost without exception, every alcohol DWI case and every case that involves a driver refusing a chemical test involves an administrative proceeding at the DMV. The stakes are an additional license loss, apart from what may be issued from court upon a conviction. And the rules and procedures are completely different than those followed in court. It is, in essence, a mini-trial covering most of the same ground that your trial will cover. It is an opportunity not to be missed, as it provides valuable insights to the rest of the case.