DWI law

General DWI FAQs

Remember that DWI laws and procedures can vary by state, so it’s essential to consult with a local DWI attorney to get accurate and personalized information regarding your specific situation and your state’s laws.

  • What is a DWI? DWI stands for Driving While Intoxicated, and it refers to operating a vehicle while under the influence of alcohol or drugs to the extent that one’s normal faculties are impaired.
  • Is a DWI the same as a DUI? While the specific terminology varies by state, both DWI and DUI generally refer to impaired driving offenses. Some states use the terms interchangeably, while others differentiate based on the level of impairment or age of the driver.
  • What is the legal blood alcohol concentration (BAC) limit for a DWI? The legal BAC limit for a DWI varies by jurisdiction, but it is typically 0.08% for adult drivers. Lower limits may apply to commercial drivers and drivers under the legal drinking age.
  • Can I be charged with a DWI if I’m under the influence of prescription medication? Yes, you can be charged with a DWI if you are under the influence of any substance that impairs your ability to drive safely, including prescription medication.
  • What are the penalties for a first-time DWI offense? Penalties for a first-time DWI offense vary by state but may include fines, license suspension, mandatory alcohol education programs, probation, and potential jail time.
  • Will a DWI conviction go on my criminal record? Yes, a DWI conviction will go on your criminal record, and it may have long-lasting implications for employment, housing, and other aspects of life.
  • Can I refuse a breathalyzer test during a DWI stop? In many states, implied consent laws require drivers to submit to a breathalyzer or chemical test. Refusing to take the test can lead to an automatic license suspension.
  • Can I represent myself in court for a DWI charge? While it is legally possible to represent yourself, it is highly recommended to seek the expertise of a skilled DWI attorney who can navigate the complex legal process and advocate for your rights.
  • What if I have prior DWI convictions? Prior DWI convictions can result in more severe penalties, including longer license suspensions, higher fines, and potential felony charges.
  • Can I get my license back after a DWI suspension? Yes, in many cases, you can regain your driving privileges after a DWI suspension, but you may need to fulfill certain requirements, such as completing an alcohol education program or obtaining SR-22 insurance.
  • Will a DWI affect my car insurance rates? A DWI conviction can significantly impact your car insurance rates, leading to higher premiums or the possibility of your insurance provider dropping your coverage.
  • What should I do if I am pulled over for suspicion of DWI? If you are pulled over for suspicion of DWI, remain calm and polite. Do not admit to drinking or provide self-incriminating information. Contact an attorney as soon as possible for legal advice.
  • Can I refuse to perform field sobriety tests during a DWI stop? You have the right to refuse to perform field sobriety tests, but keep in mind that the officer may use other observations to establish probable cause for a DWI arrest.
  • Can I appeal a DWI conviction? Yes, in some cases, you can appeal a DWI conviction. Consult with a DWI attorney to determine if you have grounds for an appeal.
  • Will a DWI conviction affect my professional license? Yes, a DWI conviction can impact certain professional licenses, potentially leading to disciplinary actions or license revocation. It’s essential to check your state’s regulations.
  • Can I expunge a DWI conviction from my record? Expungement eligibility for a DWI conviction varies by state, and not all states allow expungement for DWI offenses. Consult with a lawyer to explore your options.
  • What is an ignition interlock device (IID), and will I need one after a DWI conviction? An IID is a breathalyzer installed in your vehicle that requires a sober breath sample before the engine starts. Depending on your state’s laws and circumstances, you may be required to have an IID installed after a DWI conviction.
  • Can I get a work permit or restricted license during a DWI suspension? Some states offer work permits or restricted licenses that allow you to drive for specific purposes during a DWI suspension. Eligibility criteria vary.
  • How can a DWI attorney help my case? A DWI attorney can assess the details of your case, challenge evidence, negotiate with prosecutors, and work to achieve the best possible outcome, potentially leading to reduced charges or penalties.
  • What is the difference between a felony DWI and a misdemeanor DWI? The distinction between a felony and misdemeanor DWI typically depends on factors such as the number of prior offenses, the severity of the incident, and any resulting injuries or fatalities.
  • Can a DWI charge be dismissed if the officer did not read me my Miranda rights? Failure to read Miranda rights does not automatically lead to a DWI charge dismissal. Miranda warnings are only required when questioning occurs while in police custody.
  • Is it possible to have a DWI charge reduced to a lesser offense? Depending on the circumstances, a DWI charge may be reduced to a lesser offense, such as reckless driving, through negotiations with the prosecution.
  • Can I challenge the accuracy of breathalyzer or blood test results? Yes, you can challenge the accuracy of breathalyzer or blood test results, as they are not infallible. An experienced DWI attorney can help review the testing procedures and results.
  • Will I lose my job if I am convicted of a DWI? A DWI conviction may lead to job loss, especially if driving is a critical requirement for your employment. Some employers have policies regarding DWI convictions.
  • Can a DWI charge impact my immigration status? Yes, a DWI charge or conviction can have immigration consequences, including inadmissibility or deportation. Consult with an immigration attorney if you have concerns.
  • What if I am from another state and get a DWI in a different state? If you receive a DWI in a state other than your home state, the charge will likely affect your driving privileges and record in your home state as well.
  • Is it necessary to hire a lawyer for a first-time DWI offense? While hiring a lawyer is not mandatory, having legal representation is highly recommended to navigate the complexities of DWI cases and protect your rights.
  • Can I still get a DWI if I was not driving but sleeping in my parked car? In some jurisdictions, you may still be charged with a DWI if you are in physical control of the vehicle, even if it is parked and the engine is off.
  • Can a DWI affect my ability to adopt a child? A DWI conviction may be a factor considered during the adoption process, as agencies prioritize the safety and well-being of the child.
  • How much does a DWI attorney typically charge for legal representation? The cost of hiring a DWI attorney varies depending on factors such as the complexity of the case, the attorney’s experience, and location. Some lawyers offer flat fees or payment plans.