For many people, their first arrest and encounter with the criminal justice system is a DWI or other impaired driving offense. It can be overwhelming. Getting placed in handcuffs, riding in the back of a police car and sitting for hours in a holding cell can all seem like a bad dream.
Generally, after being arrested, a person is taken to a local police station where they’re “booked.” That involves being fingerprinted, getting a mug shot and having the details of their arrest placed in the system. This can take hours. If there was no accident, police often let first-time DWI offenders go home without having to post bail (on their own recognizance).
The next step is called the arraignment, which is an assigned court date where the person first appears before a judge. It is extremely important to retain an attorney prior to the arraignment date so the attorney can have meaningful conversations with the district attorney and prepare the defense of the case. It is possible to challenge any number of elements of the arrest – including whether a BAC machine was calibrated properly, whether statements made to the police are admissible, whether the police had probable cause for the stopping the car, and more.
Potential consequences of a first-time DWI
The stakes of being arrested for even a first-time DWI are higher than most people realize. They include:
- Mandatory fines and surcharges;
- Possible jail sentence of up to 1 year;
- Possible probation;
- Alcohol abuse evaluation, and if applicable, treatment;
- Mandatory driver’s license suspension for at least 6 months;
- Mandatory impaired driver courses facilitated by the DMV;
If a first-time DWI is an Aggravated DWI, the potential penalties are more consequential. That charge results when a person’s BAC is .18% or greater.
In addition to these penalties, the consequences of a DWI charge can follow a person throughout their life. A drinking and driving conviction will remain on your DMV driving history for life and can affect your automobile insurance rates as well. That’s why it’s crucial to understand and explore all the potential options after a DWI arrest and retain an experienced criminal defense attorney as soon as possible following any arrest.
