DWI is operating a vehicle under the influence of alcohol, controlled substance, medication, or prescription that impairs the driver's ability to operate the vehicle. An admissible test result with a blood alcohol concentration of .08 or more, taken with-in two hours of driving, constitutes per se evidence of a crime. Consequences for DWI convictions may potentially include:

• Suspension/revocation/cancellation of driver's license

• Restrictive conditions of probation or parole

• Random breath/blood/urine testing

• Loss of auto insurance or drastically increased rates

• Court ordered alcohol education or treatment

• Impoundment or forfeiture of vehicle

• Impoundment of vehicle plates ("whiskey plates" on your vehicles)

• Significant fines, court costs and related fees

• Increased scrutiny by law enforcement while driving

Likelihood of any of the above consequences depends on the following factors:

• Prior similar convictions

• Any other prior convictions

• Current probation or parole

• Attitude of the local community and court

• Degree of media attention on case

• Mitigating/aggravating circumstances

• Accident or injuries involved

• Blood alcohol content level

• Other

Defenses for Driving Under the Influence may potentially include:

• Insufficient evidence

• Constitutional violation of rights

• Procedural violation of rights

• Factual innocence

• Illegal traffic stop

• Insufficient indicators of impairment to test

• Faulty or unreliable testing equipment

• Improper testing procedures

• Improper rights advisory

• Denial of additional test at own expense

• Coercion or entrapment

• Other

What can you do to improve the outcome of your case?

• Gather documentation of your good character (reference letters, employment history, community service, etc.)

• Schedule private chemical or mental health evaluations

• Exercise your right to remain silent if police investigate

• Retain qualified counsel as soon as possible

• Keep a diary of all events and witnesses (this information will help prepare the best possible defense)

• DO NOT investigate your own case

• DO NOT discuss your case with friends, family, or acquaintances

What can an attorney do to help?

• Early preparation, including legal research and  identification of defenses

• Early investigation and identification of all facts helpful to your defense

• Investigate police to minimize or eliminate the case

• Interview the prosecutor to minimize or eliminate the case

• Interview all witnesses

• Reduce or eliminate bail requirements, find alternatives

• Provide emotional support to loved ones and ensure that they are updated as to the status of your case

• In appropriate cases, negotiate alternative sentencing

• Coordinate a private lie detector test

• Develop appropriate arguments to dismiss the case

• Develop appropriate arguments to suppress evidence